Under current Illinois real estate law and practice, which of the following statements about written brokerage agreements and agency duties is NOT accurate?
Correct Answer
A) All consumers who interact with a licensee automatically become clients and receive full fiduciary-style duties of representation, regardless of whether a written brokerage agreement exists.
Option A is inaccurate because Illinois law distinguishes between clients and customers. Under 225 ILCS 454, a client relationship — and the full duties of representation that accompany it — arises only when a written brokerage agreement has been executed. Consumers who have not entered a written agreement are treated as customers, not clients, and licensees owe them a more limited set of duties.
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