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Broker Henderson's office in Lexington, Kentucky has Agent Foster representing seller Green on a home listed at $350,000, and Agent Nguyen representing buyer White who wants to purchase that same property. Broker Henderson designates Agent Foster as Green's agent and Agent Nguyen as White's agent. White later claims that Agent Nguyen gave him advice that harmed his interests. Under Kentucky law, who bears legal responsibility for Agent Nguyen's actions in this transaction?

Correct Answer

D) Broker Henderson, because the principal broker is legally responsible for the actions of affiliated licensees

Under KRS Chapter 324, the principal broker bears statutory legal responsibility for supervising all affiliated licensees and is ultimately accountable for their actions in transactions conducted under the broker's license. Even in a designated agency arrangement where individual agents act as single agents for their respective clients, the principal broker — Broker Henderson — retains supervisory liability. The designated agency structure does not transfer the broker's legal responsibility to the individual agents.

Answer Options
A
Agent Nguyen and Agent Foster jointly, because both designated agents share responsibility
B
Agent Foster, because as the seller's designated agent she is responsible for the entire transaction
C
Agent Nguyen alone, because she is a designated agent acting independently
D
Broker Henderson, because the principal broker is legally responsible for the actions of affiliated licensees

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Related Topics & Key Terms

Key Terms:

designated_agencyprincipal_brokersupervisionliabilityKentucky_unique

Related Concepts

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.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

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