Marcus, a licensed salesperson in Fairbanks, is showing property to a buyer named Elena. Marcus has not signed a written buyer representation agreement with Elena and has not given her an agency disclosure. Elena asks Marcus to keep her top offer price confidential. Under Alaska law, what is Marcus's most likely agency status with respect to Elena at this point?
Correct Answer
C) Marcus has no agency relationship with Elena and she is a customer, not a client
Under Alaska law (12 AAC 64.060), an agency relationship with a buyer must be established through a written agency agreement or clear actions demonstrating the intent to represent. Without a written buyer representation agreement and without providing the required agency disclosure, Marcus has not established an agency relationship with Elena. She is a customer receiving honest dealing but not fiduciary representation. Marcus cannot honor a request to withhold material information from the seller on Elena's behalf without a proper agency agreement.
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Sarah is a licensed salesperson working under Broker Tom in Anchorage. A seller lists her home with Broker Tom's office, and Sarah is assigned to represent the seller exclusively. Under Alaska law, what type of agency relationship does Sarah have with the seller?
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Broker Linda's office in Juneau has two salespersons: Agent A represents the seller of a property listed at $450,000, and Agent B represents a buyer who wants to make an offer on that same property. Both agents work under Broker Linda. Under Alaska law, what agency arrangement is most appropriate for this situation, and what must occur before it can proceed?