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Agent Carlos in Idaho is showing properties to buyer Elena. During their second meeting, Elena tells Carlos she is pre-approved for $450,000 and is eager to find a home quickly before interest rates rise further. Carlos has not yet provided Elena with the IREC Agency Disclosure Brochure. Which statement best describes Carlos's compliance with Idaho agency disclosure requirements?

Correct Answer

C) Carlos has violated Idaho law because the brochure should have been provided at first substantive contact

Idaho Code § 54-2085 requires the IREC Agency Disclosure Brochure to be provided at 'first substantive contact.' The first meeting between Carlos and Elena — during which they discussed Elena's housing search — constituted first substantive contact. By the second meeting, Carlos is already in violation of the disclosure requirement. The brochure must be provided at the very first meeting where substantive real estate matters are discussed.

Answer Options
A
Carlos is in compliance because the brochure is only required before a purchase offer is written
B
Carlos is in compliance because two meetings have not yet constituted a formal agency relationship
C
Carlos has violated Idaho law because the brochure should have been provided at first substantive contact
D
Carlos has violated Idaho law because the brochure must be provided before any property is shown

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Related Topics & Key Terms

Key Terms:

agency_disclosurefirst_substantive_contactirec_brochurecompliance

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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