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Laws Of Agency Fiduciary DutiesListing_agreementsHARD

Under California law, which of the following statements about net listings is NOT accurate?

Correct Answer

D) A net listing eliminates the broker's conflict of interest because the seller sets the minimum price in advance

A net listing does not eliminate the broker's conflict of interest — it creates one. Because the broker's compensation is everything above the seller's stated minimum, the broker has a direct financial incentive to negotiate the highest possible price for themselves rather than acting solely in the seller's interest. This inherent conflict is precisely why the California DRE strongly discourages net listings, even though they remain technically legal.

Answer Options
A
Net listings are legal in California but are strongly discouraged by the DRE due to conflicts of interest
B
A broker who takes a net listing must disclose the actual selling price to the seller within one month after the transaction closes
C
In a net listing, the broker's compensation is the amount by which the sale price exceeds the seller's stated minimum net
D
A net listing eliminates the broker's conflict of interest because the seller sets the minimum price in advance

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Related Topics & Key Terms

Key Terms:

net_listingreverse_questionno_guaranteeDRE_discouraged

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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