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AgencyFiduciary_dutiesMEDIUM

A Massachusetts salesperson, Marcus, is the buyer's agent for client Diane. Diane finds a property she loves and wants to make an offer. Marcus knows that the listing agent's broker is his own broker, creating an in-house transaction. Under 254 CMR 3.00, which agency arrangement would allow both Diane and the seller to each have a licensee solely dedicated to their respective interests within the same brokerage?

Correct Answer

A) Designated agency, where the broker appoints different licensees to represent each party

Under 254 CMR 3.00, designated agency is an arrangement recognized in Massachusetts where the broker appoints different licensees within the same brokerage to act as dedicated agents for the buyer and seller respectively. This allows each party to have a licensee who owes them full fiduciary duties, avoiding the limitations inherent in dual agency. The broker serves as a dual agent at the brokerage level, but each designated agent represents only one party.

Answer Options
A
Designated agency, where the broker appoints different licensees to represent each party
B
Transaction brokerage, where Marcus acts as a neutral facilitator for both parties
C
Subagency, where Marcus becomes the seller's subagent for this transaction
D
Disclosed dual agency with written consent from both parties

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesdesignated_agencydual_agencyin_house_transaction254_CMR_3

Related Concepts

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

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