Agent Walters is a Kentucky licensee affiliated with Broker Sullivan's office. Agent Walters has a listing for seller Hammond's property. Buyer Chen, who is unrepresented, contacts Agent Walters directly and wants to make an offer on the Hammond property. Agent Walters tells Chen: 'I can help you write up the offer — I'll be neutral and won't favor either side.' Under Kentucky agency law, which of the following best describes the problem with Agent Walters's statement?
Correct Answer
B) Agent Walters is already a seller's agent and cannot claim neutrality — she must disclose her existing agency relationship with Hammond to Chen
Under 201 KAR 11:121 and KRS Chapter 324, Agent Walters already has an established agency relationship with seller Hammond. Claiming to be 'neutral' is misleading and potentially deceptive to Chen. Agent Walters must disclose her existing seller's agency relationship to Chen at first substantive contact — which has already occurred. Chen must understand that Agent Walters represents Hammond's interests, not Chen's. If Agent Walters wishes to also represent Chen, she would need informed written consent from both parties to proceed as a dual agent, or the broker could designate a different agent for Chen. Simply claiming neutrality without proper disclosure violates Kentucky's agency disclosure requirements.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.
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