Broker Walsh in Sitka is the designated broker of a small brokerage with only one other licensee, Agent Kim. Agent Kim is the buyer's agent for a client purchasing a property that is listed by Broker Walsh as the seller's agent. There are no other licensees in the brokerage. Under Alaska law, what is the most accurate description of the agency situation, and what action is required?
Correct Answer
A) The brokerage is in a dual agency situation; both Broker Walsh and Agent Kim must obtain written informed consent from both the buyer and the seller before proceeding
Under 12 AAC 64.060, when two licensees within the same brokerage represent opposite parties in the same transaction, the brokerage as a whole is in a dual agency position. In a small brokerage with only two licensees — the designated broker and one salesperson — this in-house dual agency situation requires written informed consent from both the buyer and the seller before the transaction can proceed. The fact that different individuals represent each party does not eliminate the brokerage-level dual agency; it may be structured as designated agency within the dual agency framework, but consent is still mandatory.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.
The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.
In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.
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