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Broker Elena operates a small brokerage in Springfield with only one salesperson, James. A seller hires Elena's brokerage to list a home, and a buyer then hires the same brokerage to help purchase that same home. Elena wants to avoid dual agency. Which of the following statements is correct about designated agency in this situation?

Correct Answer

B) Designated agency is possible if Elena designates herself to represent the seller and James to represent the buyer

Under 254 CMR 3.00, designated agency requires the broker to designate different licensees within the brokerage to represent each party. In a two-person brokerage, the broker (Elena) can designate herself to represent one party and the salesperson (James) to represent the other. This satisfies the requirement that different licensees represent each party, allowing both clients to receive representation without the conflicts of full dual agency, provided both parties receive and acknowledge the written disclosure.

Answer Options
A
Designated agency is not possible because Elena's brokerage has only one salesperson available to handle both sides
B
Designated agency is possible if Elena designates herself to represent the seller and James to represent the buyer
C
Designated agency is possible only if a third-party broker is brought in to represent one of the parties
D
Designated agency is not available in Massachusetts and dual agency consent must be obtained instead

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Related Topics & Key Terms

Key Terms:

designated_agencydual_agencyagency_typesbroker_designation254_cmr_3

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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