[Hypothetical narrative verbiage of contract]

Along with other language, the parties' signed, written contract contained the following language printed in a separate paragraph of large, bold type and separately initialed by Alpha and Omega (as required by state law):

IF EITHER PARTY BREACHES THIS AGREEMENT BY PREVENTING OR FAILING TO COMPLETE THE SALE/PURCHASE OF THE PROPERTY WITHOUT PROPER JUSTIFICATION OR EXCUSE UNDER THE TERMS OF THIS AGREEMENT, THE NON-BREACHING PARTY SHALL BE PAID THE SUM OF FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00).

[Post Hypothetical Narrative - potential "Breach of Contract"]

As it turned out, both Alpha and Omega were represented by the same real estate broker, known as M&B Realty, but Alpha was represented by M&B sales agent, Rich Dollars, while Omega was represented by M&B sales agent, Mu Coins. As Alpha was demanding his money and threatening to sue Omega, Alpha began to realize that M&B could not give him unbiased, confidential advice about what to do in response to Omega's breach.

[Scenario]

Is M&B representation of both the buyer and the seller, i.e., that is, both Omega and Alpha, e.g., is this transaction either illegal under California law or unethical based on the generally accepted standards in the real estate profession:

If so, please, identify the basic legal term for M&B representation of both Alpha and Omega, and specify why this type of representation of both buyer and seller is legally prohibited under California law and/or ethically prohibited by the generally accepted standards in the real estate profession; accordingly, by citing specific facts from the Narrative, explain what rights Alpha as a seller has against M&B, against agent Rich Dollars (sellers agent), and against agent Mu Coins (buyers agent);

Or, if not, please, (1) identify the basic legal term for M&B representation of both Omega and Alpha and specify what brokers/agents must do to comply with the legal requirements for this type of representation of both buyer and seller; accordingly, by citing specific facts from the Narrative, explain what rights, if any, Alpha as a seller has against M&B, against agent Rich Dollars (sellers agent), and against agent Mu Coins (buyers agent)

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