A licensed Illinois broker begins assisting a buyer with property searches and showings. The buyer has not signed any written brokerage agreement. Under the Illinois Real Estate License Act of 2000, which statement best describes the legal status of this relationship?
Correct Answer
C) The buyer is treated as a customer, and the broker may perform ministerial acts but does not owe the buyer the full duties of a client representative.
C is correct. Under 225 ILCS 454/15-75, a written brokerage agreement is required to establish a client relationship. Without such an agreement, the consumer is treated as a customer rather than a client. A licensee may perform ministerial acts — informative or clerical tasks — for a customer but does not owe the customer the full representational duties owed to a client, such as promoting best interests or maintaining confidentiality of negotiating position.
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Related Topics & Key Terms
Key Terms:
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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- → A Vermont licensee is asked about a designated agency firm appoints separate agents for buyer and seller. What is the best answer?
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