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Laws Of Agency Fiduciary DutiesListing_agreementsMEDIUM

A California salesperson obtains a listing from a friend who wants to sell their home. The salesperson leaves the brokerage and joins a different brokerage two months later. Under California law, who retains the listing?

Correct Answer

D) The original brokerage keeps it; the listing is between the seller and the broker

A listing agreement runs to the broker, not to the salesperson who happened to sign it up. When the salesperson leaves, the listing stays where the contract put it. Other choices: personally obtaining the listing does not make it the salesperson's property; nothing voids it; and the seller does not get to move it unilaterally, though the seller and the original broker may of course agree to cancel.

Answer Options
A
The salesperson, because they personally obtained the listing from their friend
B
The listing becomes void and a new listing must be signed
C
The seller decides whether to stay with the original brokerage or cancel and re-list with the salesperson's new brokerage
D
The original brokerage keeps it; the listing is between the seller and the broker

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Related Topics & Key Terms

Key Terms:

salesperson_departurelisting_ownershipbroker_vs_salespersonB&P_10137

Related Concepts

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

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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.

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