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AgencyDesignated_agency_and_dual_agency_consentMEDIUM

A licensee is working with a consumer and no written brokerage agreement has been signed specifying the type of agency relationship. Under Illinois law, what agency relationship applies by default?

Correct Answer

B) The consumer is treated as a designated agency client, unless a written agreement establishes a different relationship.

Under 225 ILCS 454/15-75, Illinois establishes designated agency as the default agency relationship. This means that absent a written agreement specifying otherwise, a consumer working with a licensee is automatically treated as a designated agency client. The legislature chose designated agency as the default because it allows individual licensees within a brokerage to represent different clients without the entire brokerage being deemed to represent all parties, reducing inherent conflicts while still providing consumers with full fiduciary-level representation.

Answer Options
A
The consumer is treated as a customer with no agency representation, because agency requires an express written agreement to exist.
B
The consumer is treated as a designated agency client, unless a written agreement establishes a different relationship.
C
The consumer is treated as a dual-agency client, because the licensee simultaneously serves the brokerage's other clients.
D
The consumer is treated as a single-agency client of the sponsoring broker, regardless of any written agreement.

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Related Topics & Key Terms

Key Terms:

agencydefaultdesignated_agencydesignated_agency_and_dual_agency_consentdesignated_agency_ildifficulty_3illinois_statescenario

Related Concepts

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

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