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Broker Dan works for Summit Realty and has a signed seller agency agreement with homeowner Grace. Buyer Paul, who is unrepresented, contacts Summit Realty directly and expresses interest in Grace's property. Dan's employing broker does NOT designate a separate broker for Paul. Dan proceeds to assist Paul with the transaction. Which of the following best describes Dan's brokerage relationship status in this situation?

Correct Answer

C) Dan transitions to a transaction broker for both Grace and Paul with their informed consent.

Under C.R.S. § 12-10-401 et seq., when a broker has a seller agency agreement but an unrepresented buyer enters the transaction and no designated broker is assigned, the broker may transition to a transaction broker for both parties. This transition requires informed consent from all parties. As a transaction broker, Dan assists both Grace and Paul without acting as an advocate for either, resolving the conflict that would arise from simultaneously representing both sides.

Answer Options
A
Dan remains a seller's agent for Grace and automatically becomes a buyer's agent for Paul.
B
Dan must terminate the seller agency agreement before he can assist the unrepresented buyer.
C
Dan transitions to a transaction broker for both Grace and Paul with their informed consent.
D
Dan becomes a dual agent for both parties and must obtain written consent from CREC.

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Related Topics & Key Terms

Key Terms:

transaction_brokerageagency_transitionin_house_transaction

Related Concepts

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

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.

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