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Laws Of Agency Fiduciary DutiesListing_agreementsMEDIUM

A California seller signs an exclusive right to sell listing with Broker Yamamoto. The listing agreement includes a safety clause that names specific buyers who viewed the property during the listing term. After the listing expires, one of the named buyers contacts a different broker and purchases the property within the protection period. Under California law, which of the following statements is correct?

Correct Answer

C) Broker Yamamoto is entitled to a commission from the seller because the buyer was named in the safety clause and the sale occurred within the protection period

The safety clause protects the listing broker's commission for named buyers during the protection period. Since the buyer was specifically identified in the safety clause and the sale occurred within the protection period, Broker Yamamoto is entitled to a commission from the seller regardless of which broker represented the buyer in the transaction.

Answer Options
A
Broker Yamamoto can claim a commission only if the buyer used Broker Yamamoto's marketing materials to find the property
B
The new broker is responsible for paying Broker Yamamoto's commission from the cooperating side
C
Broker Yamamoto is entitled to a commission from the seller because the buyer was named in the safety clause and the sale occurred within the protection period
D
Broker Yamamoto cannot claim a commission because a different broker represented the buyer

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Related Topics & Key Terms

Key Terms:

safety_clausenamed_buyersprotection_periodcommission_claim

Related Concepts

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

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

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