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Broker Fontaine operates a real estate firm in New Orleans. She has a listing agreement with the Thibodaux family and a buyer representation agreement with Mr. Broussard, who wants to purchase the Thibodaux home. Broker Fontaine wants to represent both parties personally. Under Louisiana law, which of the following statements is MOST accurate about this situation?

Correct Answer

D) Broker Fontaine may represent both parties only after obtaining written informed consent from both the Thibodaux family and Mr. Broussard.

Under Louisiana law and LREC regulations, dual agency is permissible only when both parties—here, the Thibodaux family (seller) and Mr. Broussard (buyer)—provide written informed consent to the dual agency arrangement. Brokers are not exempt from this requirement. The consent must be obtained before Broker Fontaine proceeds to represent both parties simultaneously.

Answer Options
A
Broker Fontaine must terminate one of the agency agreements before she can legally assist in the transaction.
B
Broker Fontaine may represent both parties verbally, provided she discloses the conflict at the closing table.
C
Broker Fontaine may proceed without any additional steps because brokers are exempt from dual agency consent requirements.
D
Broker Fontaine may represent both parties only after obtaining written informed consent from both the Thibodaux family and Mr. Broussard.

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Related Topics & Key Terms

Key Terms:

dual_agencywritten_consentbrokeragency_typeslrec

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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