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AgencySubagencyHARD

In a traditional subagency arrangement, a cooperating broker (subagent) owes fiduciary duties to whom?

Correct Answer

B) The seller, through the listing broker

In a traditional subagency arrangement, the cooperating broker acts as a subagent of the listing broker and therefore owes fiduciary duties to the seller, not the buyer — even though the subagent may be working directly with the buyer in showing properties and writing offers. This created significant confusion and potential liability, which is why subagency has largely been replaced by buyer agency agreements in modern Idaho practice.

Answer Options
A
The buyer, because the subagent works directly with the buyer
B
The seller, through the listing broker
C
No one, because subagents have no fiduciary obligations
D
Both the buyer and the seller equally

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Related Topics & Key Terms

Related Topics:

buyer agency agreementsfiduciary dutiesagency disclosuredual agencyIdaho Code § 54-2087

Key Terms:

subagencyfiduciary dutycooperating brokerlisting brokerseller representation

Related Concepts

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

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