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Broker Allison at Summit Realty in Rockland, Maine is representing seller Howard in the sale of a coastal property. Buyer Megan, who is unrepresented, makes an offer. Allison then begins negotiating terms on Megan's behalf as well, without any written disclosure or agreement. Under Maine's Real Estate Brokerage Act, which of the following best describes the legal problem with Allison's conduct?

Correct Answer

A) Allison has created an undisclosed dual agency, which is prohibited under Maine law

Under Maine's Real Estate Brokerage Act, dual agency requires the informed written consent of both the buyer and seller before it is established. By negotiating on Megan's behalf without disclosure or consent, Allison has created an undisclosed dual agency, which is a serious violation of Maine law. This exposes Allison to disciplinary action by the Maine Real Estate Commission, including potential license suspension or revocation.

Answer Options
A
Allison has created an undisclosed dual agency, which is prohibited under Maine law
B
Allison is permitted to assist Megan informally as long as no additional commission is charged
C
Allison must obtain only verbal consent from both parties to act as a dual agent in Maine
D
Allison's conduct is acceptable because unrepresented buyers are treated as customers, not clients

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Related Topics & Key Terms

Key Terms:

dual_agencyundisclosed_agencywritten_consentdisciplinary_actionmaine_specific

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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