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Marcus is a licensed Delaware salesperson helping a buyer negotiate a purchase agreement. Under Delaware's Agency Relationships in Real Estate Transactions Act (24 Del. C. § 2973), which of the following is EXCEPT a required element of the agency disclosure that Marcus must provide?

Correct Answer

D) The disclosure must include the exact commission percentage Marcus will receive at closing

The Delaware Agency Relationships in Real Estate Transactions Act (24 Del. C. § 2973) requires agency disclosure to identify the type of agency relationship and the duties owed to the client, and mandates that this disclosure be made in writing at first substantive contact. However, the statute does NOT require the disclosure document itself to state the exact commission percentage the licensee will receive. Commission amounts are addressed separately in listing or buyer representation agreements, not in the agency disclosure form.

Answer Options
A
The disclosure must be made in writing at or before first substantive contact with the buyer
B
The disclosure must identify the type of agency relationship Marcus has with the buyer
C
The disclosure must inform the buyer of the duties owed under the agency relationship
D
The disclosure must include the exact commission percentage Marcus will receive at closing

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Related Topics & Key Terms

Key Terms:

agency_disclosurefirst_substantive_contactreverse_questionwritten_disclosurecommission

Related Concepts

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

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