Alabama licensee Donna is acting as a limited consensual dual agent for both buyer Frank and seller Nancy in the same transaction. All required written consents have been properly obtained. Which of the following duties does Donna still owe to BOTH parties under Alabama law? Select the answer that is NOT among Donna's continuing obligations.
Correct Answer
C) The duty to advocate exclusively for Frank's interests in all price negotiations
In a limited consensual dual agency, the duty to advocate exclusively for one party's interests is specifically curtailed. Donna cannot advocate solely for Frank's interests in price negotiations because she simultaneously owes duties to Nancy. The 'undivided loyalty' component of fiduciary duty — which would normally require Donna to push for the lowest price for Frank — is limited in dual agency. This is NOT a continuing obligation in limited consensual dual agency.
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In Alabama, which of the following best describes a 'subagent' in a real estate transaction?
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Alabama broker firm Coastal Realty has two salespersons: Agent Amy represents seller Bob under a listing agreement, and Agent Carl represents buyer Dana under a buyer agency agreement. Bob's property is the one Dana wants to purchase. Coastal Realty's broker, Ellen, has not implemented a formal internal policy separating the two agents' client information. Bob and Dana have each signed a limited consensual dual agency consent form. Which statement most accurately describes the legal status of this arrangement under Alabama law?
