Broker Lisa calls a homeowner named Mr. Chen to discuss listing his property. During the call, they discuss the general market conditions, the approximate value of Mr. Chen's home, and the services Lisa's firm provides. Mr. Chen has not yet signed a listing agreement. Under Indiana law, which of the following is true regarding the written agency disclosure?
Correct Answer
B) Lisa must provide the written agency disclosure before or during this telephone conversation, as it constitutes first substantive contact
Under IC 25-34.1-10, 'first substantive contact' includes the first discussion of specific real property, its value, or the seller's needs — regardless of whether a formal agreement has been signed. The telephone conversation with Mr. Chen about his property's approximate value and listing services constitutes first substantive contact. Lisa is required to provide the written agency disclosure at that point, which in a phone context means as soon as practicable (before or at the time of the conversation, or at the first in-person meeting if the call initiates the relationship).
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.
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