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Colorado broker Nora is approached by a homeowner who wants to list his property for sale. Before they sign any agreement, Nora begins showing the homeowner comparable sales and discussing a pricing strategy. At this stage, prior to any written agreement, what is Nora's brokerage relationship with the homeowner under Colorado law?

Correct Answer

B) Nora is a transaction broker by default because no written agency agreement has been signed.

Under C.R.S. § 12-10-401 et seq., transaction brokerage is the default brokerage relationship in Colorado when a licensee provides real estate services without a written agency agreement. Even before a listing agreement is signed, Nora's provision of comparable sales data and pricing advice creates a brokerage relationship, and that relationship defaults to transaction brokerage.

Answer Options
A
Nora is a seller's agent because she is actively working to help the homeowner sell his property.
B
Nora is a transaction broker by default because no written agency agreement has been signed.
C
Nora has no legal relationship with the homeowner until a listing agreement is executed.
D
Nora is a dual agent because she may simultaneously represent buyers in the same market.

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Related Topics & Key Terms

Key Terms:

transaction_brokeragedefault_relationshippre_listing

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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