Agent Simmons is a Michigan licensee who has been showing buyer Harrington properties for several weeks without a signed buyer agency agreement. Harrington has shared with Simmons that she will pay up to $350,000 for the right house, though she plans to offer $310,000 initially. Harrington then makes an offer on a home listed by Simmons's own brokerage. Under Michigan's written-agency-disclosure framework (MCL 339.2517), which of the following most accurately describes Simmons's legal position?

Question

AgencyAgency_typesHARD

Agent Simmons is a Michigan licensee who has been showing buyer Harrington properties for several weeks without a signed buyer agency agreement. Harrington has shared with Simmons that she will pay up to $350,000 for the right house, though she plans to offer $310,000 initially. Harrington then makes an offer on a home listed by Simmons's own brokerage. Under Michigan's written-agency-disclosure framework (MCL 339.2517), which of the following most accurately describes Simmons's legal position?

Answer Options

A

Simmons is Harrington's buyer's agent by implied agency and must keep her $350,000 maximum confidential from the seller

B

Without a written buyer agency agreement, Harrington is an unrepresented customer and Simmons—through the listing brokerage—represents the seller; Simmons must provide Harrington the agency disclosure and may owe disclosure of material facts to the seller

C

Simmons has automatically created an undisclosed dual agency by showing Harrington any property and must withdraw from the transaction

D

Simmons is a transaction coordinator with no fiduciary duties to either party because no written agreements exist