Arkansas agent Tina is working with a prospective buyer, Kevin, who has not signed any agency agreement. Kevin asks Tina to show him several listings, including one listed by Tina's own brokerage. In this situation, without a signed buyer representation agreement, Tina's relationship to Kevin is most accurately described as that of a:
Correct Answer
C) Seller's agent or subagent with duties to the seller
Under Arkansas agency law, when a licensee shows property to a buyer without a signed buyer representation agreement, the licensee is presumed to be acting as the seller's agent or a subagent of the seller's broker. In this default position, Tina's fiduciary duties run to the seller, not to Kevin. Kevin is treated as a customer, not a client, and is owed honesty and disclosure of material facts but not full fiduciary representation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.
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