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Brian is an Indiana Broker representing a buyer in a transaction where his firm also represents the seller. Brian's Managing Broker has designated Brian to represent only the buyer and a different broker in the firm to represent only the seller. Under Indiana law, what type of agency relationship exists in this transaction?

Correct Answer

B) Designated agency, because each party has a dedicated broker within the same firm

Under the Indiana Agency Relationships in Real Estate Transactions Act (IC 25-34.1-10), Indiana permits designated agency, where a Managing Broker assigns different brokers within the same firm to represent each party exclusively. In this arrangement, Brian represents only the buyer and the other broker represents only the seller, even though both work for the same firm. This designated agency arrangement must be disclosed in writing to all parties.

Answer Options
A
Dual agency, because one firm represents both parties
B
Designated agency, because each party has a dedicated broker within the same firm
C
Transaction brokerage, because the firm cannot represent both parties in Indiana
D
Single agency, because each broker represents only one party in the transaction

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Related Topics & Key Terms

Key Terms:

designated_agencydual_agencymanaging_brokerIC_25-34.1-10

Related Concepts

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.

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