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AgencyAgency_relationships_and_written_brokerage_agreementsMEDIUM

Under the Illinois Real Estate License Act of 2000, if a licensee is working with a consumer and no written brokerage agreement has been executed, how is that consumer classified by default?

Correct Answer

C) As a customer, meaning the licensee owes the consumer honesty and disclosure but does not represent the consumer's interests.

Under 225 ILCS 454/15-75, a consumer who has not entered into a written brokerage agreement is treated as a customer, not a client. A licensee owes a customer duties of honesty, disclosure of material facts, and reasonable care, but does not represent the customer's interests or owe fiduciary-level duties. A written brokerage agreement is required to establish a client relationship under Illinois law.

Answer Options
A
As a client owed full fiduciary duties, because any ongoing working relationship implies representation.
B
As a designated agency client, because Illinois law assigns designated agency whenever a licensee assists a consumer.
C
As a customer, meaning the licensee owes the consumer honesty and disclosure but does not represent the consumer's interests.
D
As a dual-agency principal, because the absence of a written agreement places both parties under the sponsoring broker's representation.

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agencyagency_relationships_and_written_brokerage_agreementsagency_types_ildefaultdesignated_agencydifficulty_3illinois_statescenario
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