Salesperson Nina in Massachusetts has been representing buyer Mark under a buyer representation agreement. Mark decides to purchase a property listed by Nina's own firm. The broker informs Mark that the firm will be acting as a dual agent. Mark refuses to sign the dual agency consent form, insisting on exclusive buyer representation. Under Massachusetts law, what is the most appropriate course of action?
Correct Answer
A) The broker should consider designating a different salesperson at the firm to represent the seller, allowing Nina to continue as Mark's exclusive buyer's agent
When a buyer refuses to consent to dual agency, the brokerage cannot proceed as a dual agent. However, under 254 CMR 3.00, the broker has the option of using designated agency — assigning a different salesperson within the firm to represent the seller exclusively, while Nina continues to represent Mark exclusively. This resolves the conflict without forcing dual agency on an unwilling buyer and without requiring Nina to withdraw.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.
The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.
The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.
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