A real estate licensee is showing properties to a buyer but has not entered into any written agreement and is providing only ministerial acts. The licensee finds a property listed by another brokerage and writes an offer. What type of relationship exists between the licensee and the buyer?
Correct Answer
C) No brokerage relationship
Florida law presumes transaction brokerage unless a single-agent or no brokerage relationship is established in writing with the customer; ministerial acts and absence of an agency agreement do not alone establish the written exception. Why not A: Single agent requires a written agreement and fiduciary duties. A transaction broker provides limited, nonfiduciary representation; it is the statutory presumption when neither written exception has been established. Why not D: Dual agency is not recognized in Florida.
Why This Is the Correct Answer
Florida law presumes transaction brokerage unless a single-agent or no brokerage relationship is established in writing with the customer; ministerial acts and absence of an agency agreement do not alone establish the written exception. Why not A: Single agent requires a written agreement and fiduciary duties. A transaction broker provides limited, nonfiduciary representation; it is the statutory presumption when neither written exception has been established. Why not D: Dual agency is not recognized in Florida.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.
Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.
Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.
More Authorized Relationships Disclosures Questions
In Florida, the default brokerage relationship when no disclosure is made is:
Scenario Harbor Ledger raises this Florida point. In a Miami transaction, a buyer wants the Florida rule on buyer-and-seller same-transaction scenarios. Which statement is correct?
Broker Smith's firm represents the seller under a single agent relationship. During the transaction, the buyer asks Broker Smith to also represent them. If Broker Smith agrees, what must happen?
All of the following situations require immediate brokerage relationship disclosure EXCEPT:
Single agent Rodriguez represents buyer Adams in Tallahassee. Adams asks Rodriguez to submit an offer $20,000 below asking price on a property Rodriguez knows has multiple offers at full price. What should Rodriguez do?
- → A Florida real estate licensee working at an open house provides a visitor with a property information sheet, directions to local schools, and general market statistics. No written agreements are signed and no compensation is discussed. What type of relationship exists?
- → Florida requires brokerage relationship disclosure be provided:
- → Agent Robert is at an open house representing the seller. Visitor Janet starts asking detailed questions about the property's HOA fees, recent repairs, and neighborhood schools. She then asks if Robert can show her similar properties next week. When must Robert provide the appropriate disclosure?
- → Broker Martinez has designated Sales Associate Chen to represent the buyer and Sales Associate Rodriguez to represent the seller. Chen discovers that Rodriguez has been sharing confidential buyer information with the seller. What should Chen do?
- → During a transaction, the seller's mortgage company calls the transaction broker asking for details about the buyer's offer and financing. The seller has given verbal permission for the broker to share this information. What should the broker do?
- → In a Tampa transaction, a buyer wants the Florida rule on single-agent loyalty. Which statement is correct?
- → All of the following are requirements for dual agency in Florida EXCEPT:
- → Broker Sarah enters into a single agent relationship with seller Tom to list his waterfront property in Miami. During the listing period, Sarah's friend mentions she might be interested in buying Tom's property. What must Sarah do before showing the property to her friend?
- → A licensee is working as a transaction broker for both the buyer and seller in a residential sale. The seller mentions they are willing to accept $10,000 less than the listed price, but asks the licensee not to tell the buyer. What should the transaction broker do?
- → ABC Realty represents both the buyer and seller in the same transaction. The broker has appointed Sales Associate Johnson to represent the buyer and Sales Associate Martinez to represent the seller. What type of agency relationship exists?
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In a Tampa transaction, a buyer wants the Florida rule on timing and wording traps for no-brokerage disclosure in residential sales. Which statement is correct?
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