Broker Nani in Hawaii has a listing agreement with seller Tomoko. A buyer, Rafael, contacts Nani directly without any buyer's agent and wants to make an offer on Tomoko's property. Nani has not entered into a buyer's agency agreement with Rafael. After providing the required agency disclosure form, Rafael asks Nani to help him prepare an offer. In this situation, Nani is most likely acting in which capacity with respect to Rafael?

Correct Answer

C) Seller's agent or transaction broker for Rafael, depending on the agreement and disclosures made.

Under Hawaii Administrative Rules Title 16, Chapter 99, the nature of Nani's relationship with Rafael depends on the agency disclosure provided and any agreement made. If Nani has disclosed that she represents only the seller, she continues as seller's agent and Rafael is an unrepresented customer. Alternatively, if both parties consent to dual agency in writing, Nani could serve as a dual agent. If Nani assists Rafael without a fiduciary relationship, she may act as a transaction broker. The key is that the relationship is determined by the disclosure and written agreement, not merely by the act of assisting with the offer.