Under Illinois law, is every consumer who receives services from a licensee automatically treated as a client?
Correct Answer
A) No. Illinois law distinguishes between clients and customers, and the full duties of representation attach only when a client relationship has been established.
Under 225 ILCS 454/15-10, Illinois law expressly distinguishes between a 'client'—a person who has entered into a brokerage agreement and is owed the full duties of representation, including loyalty, confidentiality, and disclosure—and a 'customer,' who receives limited ministerial services without a representation relationship. The elevated fiduciary-style duties apply only to clients, not to customers.
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