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Laws Of Agency Fiduciary DutiesFiduciary_dutiesMEDIUM

A California buyer's agent knows that their buyer client plans to use the property for illegal purposes (operating an unlicensed cannabis dispensary in a zone where it is prohibited). Under California law, what should the agent do?

Correct Answer

B) Refuse to assist with the transaction because the agent cannot participate in an illegal activity

Under California law, an agent cannot knowingly assist in an illegal activity. The duty of obedience does not extend to participating in unlawful plans. The agent should refuse to assist with finding a property for an illegal purpose and may need to terminate the agency relationship if the buyer insists.

Answer Options
A
Help the buyer find a suitable property and keep the information confidential
B
Refuse to assist with the transaction because the agent cannot participate in an illegal activity
C
Report the buyer to local law enforcement
D
Complete the transaction but include a disclaimer in the purchase agreement

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Related Topics & Key Terms

Key Terms:

illegal_activityagent_refusalobedience_limitscannabis

Related Concepts

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

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