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Agency & Professional EthicsABMEDIUM

Under the RECA Rules, a brokerage practising common law agency lists a seller's home, and one of its buyer clients wants to buy that home. How must the brokerage proceed?

Correct Answer

C) Offer both a written transaction brokerage agreement; if they decline, keep the first client and treat or refer the other

Rule 59(1) of the RECA Rules lets the buyer, the seller and the brokerage enter into a written transaction brokerage agreement for that property, after the brokerage gives both a chance to review it (Rule 59(2)). If they do not agree, Rule 59(3) says the brokerage continues to represent the party it first entered an agency relationship with and offers the other party either customer status or a referral to another brokerage.

Answer Options
A
One associate must withdraw, and the brokerage continues as agent for both parties
B
The brokerage must refer the buyer to another brokerage, because a single brokerage may never serve both sides of a trade
C
Offer both a written transaction brokerage agreement; if they decline, keep the first client and treat or refer the other
D
The brokerage continues as full agent for both, since each has a different associate assigned

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Key Terms

transaction brokeragecommon law agencyRule 59customer statusreferral
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