Kansas licensee Rachel has been assisting buyer Derek as a transaction broker for three weeks without a written agreement. Derek now wants Rachel to represent him exclusively as his buyer's agent for an upcoming offer. Under Kansas BRRETA, what must happen for Rachel to legally transition from transaction broker to buyer's agent for Derek?
Correct Answer
A) Rachel must enter into a written buyer agency agreement with Derek before she can act as his buyer's agent
Under BRRETA (K.S.A. 58-30,101 et seq.), a buyer's agency relationship in Kansas must be established through a written buyer agency agreement. Verbal expressions of intent to be represented are insufficient to create the agency relationship. Rachel must execute a written buyer agency agreement with Derek before she can act as his fiduciary buyer's agent and owe him the full duties of loyalty, confidentiality, obedience, disclosure, and reasonable care.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.
The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.
In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.
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