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In Arkansas, a broker-associate at River Valley Realty is working with both a buyer and a seller in the same transaction without having obtained dual agency consent from either party. The designated broker later discovers this situation. Under Arkansas law, which of the following best describes the potential consequences?

Correct Answer

A) The broker-associate and the designated broker may both face disciplinary action by AREC for the undisclosed dual agency

Under Arkansas law, practicing undisclosed dual agency is a serious violation of AREC rules. Both the broker-associate who engaged in the undisclosed dual agency and the designated broker who failed to supervise may face disciplinary action by AREC, including fines, license suspension, or revocation. The designated broker in Arkansas is responsible for supervising all licensees operating under their license, and a failure to detect and prevent an undisclosed dual agency situation constitutes a supervisory failure that carries its own disciplinary exposure.

Answer Options
A
The broker-associate and the designated broker may both face disciplinary action by AREC for the undisclosed dual agency
B
Only the broker-associate faces consequences; the designated broker has no liability because supervision was not required
C
The broker-associate must simply obtain retroactive written consent from both parties to cure the violation
D
The transaction is automatically void, and both parties may recover their earnest money deposits

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Related Topics & Key Terms

Key Terms:

undisclosed_dual_agencybroker_associatedesignated_brokerAREC_disciplinesupervision

Related Concepts

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

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