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Laws Of Agency Fiduciary DutiesListing_agreementsMEDIUM

Seller Garcia in California signs an exclusive agency listing with Broker Wilson. During the listing period, Garcia's coworker expresses interest in buying the home. Garcia negotiates directly with the coworker and reaches a deal without Broker Wilson's involvement. Under this listing arrangement, is Broker Wilson entitled to a commission?

Correct Answer

A) No, because under an exclusive agency listing, the seller retains the right to sell the property independently without owing a commission

Under an exclusive agency listing in California, only one broker has the exclusive right to represent the seller, but the seller retains the right to sell the property personally without owing a commission. Since Garcia found the buyer (coworker) independently, no commission is owed to Broker Wilson.

Answer Options
A
No, because under an exclusive agency listing, the seller retains the right to sell the property independently without owing a commission
B
Yes, but only if Broker Wilson can prove they advertised the property
C
No, because the coworker is a related party and therefore exempt from commission obligations
D
Yes, because all exclusive listings guarantee the broker a commission when the property sells

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Related Topics & Key Terms

Key Terms:

exclusive_agencyseller_found_buyerno_commissionlisting_types

Related Concepts

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

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