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Laws Of Agency Fiduciary DutiesListing_agreementsMEDIUM

A California seller dies during the term of an exclusive right to sell listing agreement. Under California law, what happens to the listing?

Correct Answer

A) The listing terminates upon the death of the seller because the principal in the agency relationship no longer exists

Under California agency law, the death of the principal (seller) terminates the agency relationship and the listing agreement. The broker must stop marketing the property. If the estate wishes to sell the property, a new listing agreement must be executed by the personal representative of the estate.

Answer Options
A
The listing terminates upon the death of the seller because the principal in the agency relationship no longer exists
B
The listing is automatically extended by 90 days to allow the estate to settle
C
The listing continues in full force with the seller's estate as the principal
D
The listing transfers to the seller's spouse automatically under community property law

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Related Topics & Key Terms

Key Terms:

death_of_principallisting_terminationagency_terminationestate

Related Concepts

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

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