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Laws Of Agency Fiduciary DutiesAgency_disclosure_requirementsMEDIUM

Under California law, a listing agent is also licensed as a mortgage loan originator. When the agent recommends their own mortgage services to a buyer, what disclosure is required?

Correct Answer

C) The agent must disclose both roles and any benefit from the referral

Wearing two licences in one transaction is a conflict the parties are entitled to see, so the agent discloses the dual capacity and the financial benefit from the mortgage side. Other choices: holding both licences is what creates the duty rather than excusing it; nothing prohibits serving in both roles once it is disclosed; and disclosures made by the mortgage company do not discharge the agent's own.

Answer Options
A
No disclosure is required because the agent is licensed for both activities
B
The agent must choose one role and cannot serve in both capacities
C
The agent must disclose both roles and any benefit from the referral
D
Only the mortgage company needs to make disclosures, not the agent

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Related Topics & Key Terms

Key Terms:

dual_capacitymortgage_originatoraffiliated_businessdisclosure

Related Concepts

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.

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

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