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Arkansas broker-associate Victor is affiliated with designated broker Helen's brokerage. Victor has a listing for seller Ann and is also working with buyer Pete, who wants to purchase Ann's property. Victor discloses the potential dual agency situation to both Ann and Pete, and both sign written consent forms. However, Helen is unaware of this arrangement and has not reviewed or approved the dual agency disclosure. Under Arkansas agency law and AREC rules, which statement best describes this situation?

Correct Answer

B) The arrangement is problematic because the designated broker must be involved in and aware of dual agency situations within the brokerage

Under Arkansas AREC rules, a broker-associate does not have independent authority to manage agency relationships without the designated broker's involvement and oversight. The designated broker is responsible for supervising all transactions and agency relationships within the brokerage, including dual agency arrangements. Helen's lack of awareness and non-involvement creates a compliance problem because the broker-associate's authority flows through the designated broker, who must be informed and involved in dual agency situations.

Answer Options
A
The dual agency is fully valid because both Ann and Pete provided written consent directly to Victor
B
The arrangement is problematic because the designated broker must be involved in and aware of dual agency situations within the brokerage
C
Victor acted correctly since broker-associates have independent authority to create and manage dual agency relationships
D
The dual agency is invalid only if Helen formally objects in writing within 10 days of learning of the arrangement

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Related Topics & Key Terms

Key Terms:

broker_associatedual_agencydesignated_brokersupervisioncompliance

Related Concepts

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.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

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