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Practice Of Real EstateLicense_lawHARD

Broker Louis operates a real estate brokerage in Louisiana. He employs salesperson Nina, who has been working with buyer-client James for six months. James is now under contract to purchase a property that Nina listed for another client, Seller Grace. Broker Louis has designated Nina as the agent for both James and Grace in the same transaction. Under Louisiana license law, which of the following most accurately describes this arrangement?

Correct Answer

A) This arrangement constitutes designated agency and is permissible in Louisiana only if both James and Grace provide written informed consent to the dual agency relationship

Under Louisiana license law and LREC regulations, when a single salesperson represents both the buyer and the seller in the same transaction, this constitutes dual agency (or in some brokerage structures, designated agency). Louisiana requires written informed consent from both parties before this arrangement can proceed. Both James and Grace must sign a written disclosure acknowledging and consenting to the dual agency or designated agency relationship. Proceeding without written consent is a violation of LREC rules.

Answer Options
A
This arrangement constitutes designated agency and is permissible in Louisiana only if both James and Grace provide written informed consent to the dual agency relationship
B
This arrangement is automatically permissible because Nina is a salesperson, not a broker, and dual agency rules only apply to broker-level licensees in Louisiana
C
This arrangement is permissible without any disclosure because the broker, not the salesperson, is considered the legal agent of both parties under Louisiana law
D
This arrangement constitutes illegal dual agency in Louisiana under all circumstances, and Nina must immediately withdraw from representing one of the parties

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Related Topics & Key Terms

Key Terms:

dual_agencydesignated_agencywritten_consentdisclosurelicense_requirements

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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