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AgencyDual_agencyHARD

Broker Olivia's firm, Front Range Properties, holds the listing for a Thornton home. Another broker associate at the same firm, Broker Marcus, has a buyer client who wants to purchase the property. Front Range Properties' policy is to handle such in-house transactions as dual agency, with one broker representing both parties. However, Marcus's buyer client refuses to consent to dual agency. What is the most appropriate resolution under Colorado law?

Correct Answer

D) Front Range Properties may convert the transaction to designated agency or transaction brokerage as an alternative to dual agency

Under Colorado law (C.R.S. § 12-10-401 et seq.), dual agency requires the informed written consent of both parties. If the buyer refuses to consent, the firm cannot force dual agency. However, the transaction need not fail — Front Range Properties can offer alternative brokerage relationship structures such as designated agency (assigning separate broker associates to each party) or transaction brokerage (assisting both parties without full fiduciary duties to either). These alternatives allow the in-house transaction to proceed without requiring dual agency consent.

Answer Options
A
Olivia must withdraw from the listing so Marcus can represent the buyer without a conflict
B
The transaction cannot proceed because the buyer's refusal to consent to dual agency blocks any in-house sale
C
Marcus must withdraw from representing the buyer because the firm's policy requires dual agency for in-house transactions
D
Front Range Properties may convert the transaction to designated agency or transaction brokerage as an alternative to dual agency

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Related Topics & Key Terms

Key Terms:

dual_agencydesignated_agencytransaction_brokeragewritten_consentin_house_transactioncolorado_brokerage_relationships

Related Concepts

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.

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

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