Buyer Tasha is working with Alabama licensee Victor, who has disclosed in writing that he represents the seller. Tasha has not signed any buyer agency agreement. Victor assists Tasha by answering her questions about the property and helping her schedule inspections, but he does not advocate for her negotiating position. Under Alabama law, what is Victor's relationship with Tasha?
Correct Answer
C) Victor is acting as a transaction broker or providing non-agency assistance to Tasha while representing the seller
Under Alabama Code §34-27-81 et seq., Victor has disclosed in writing that he represents the seller. His assistance to Tasha — answering questions and scheduling inspections without advocating for her interests — constitutes non-agency assistance or transaction brokerage. Victor's fiduciary duties run exclusively to the seller, and his limited assistance to Tasha does not create an agency relationship with her.
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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?
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Under Alabama Agency Law (Code of Alabama §34-27-81 et seq.), when must a real estate licensee first disclose their agency status to a prospective buyer or seller?