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Practice Of Real EstateLicense LawHARD

Broker Alex works for Prestige Realty. He represents seller Williams in listing a property. Broker Beth, also at Prestige Realty, has a buyer client interested in Williams's property. Prestige Realty's managing broker wants to handle this as a designated agency transaction. Under Indiana law, which statement correctly describes the requirements for this arrangement?

Correct Answer

B) The designated agency arrangement must be disclosed in writing to both the seller and the buyer, with each party's written consent obtained

Under IC 25-34.1-10, Indiana permits designated agency within a firm, but it must be disclosed in writing to all parties and each party must provide written consent to the arrangement. In designated agency, Alex exclusively represents the seller and Beth exclusively represents the buyer, even though both work for the same firm. This written disclosure and consent requirement is a mandatory Indiana-specific provision.

Answer Options
A
Designated agency is not permitted in Indiana; the transaction must be handled as undisclosed dual agency or referred to an outside firm
B
The designated agency arrangement must be disclosed in writing to both the seller and the buyer, with each party's written consent obtained
C
The managing broker automatically becomes a neutral intermediary and must personally supervise all negotiations between Alex and Beth
D
Alex and Beth may proceed as designated agents without any additional disclosure since they work for the same firm and share fiduciary duties

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Related Topics & Key Terms

Key Terms:

designated_agencydual_agencywritten_disclosureconsentsame_firm_agency

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