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AgencyDual_agencyMEDIUM

Broker Patel at Grand River Realty has been representing seller Mr. Huang. A buyer, Ms. Collins, approaches Broker Patel directly and asks him to help her purchase Mr. Huang's property. Broker Patel explains dual agency and both parties sign the written consent form. The transaction closes successfully. Under Michigan law, how may Broker Patel be compensated?

Correct Answer

C) Patel may collect commission from both parties, provided both parties agreed to the compensation arrangement

Michigan law does not prohibit a dual agent from receiving compensation from both parties. A broker acting as a dual agent may collect commission from one or both parties, provided that both parties are informed of and agree to the compensation arrangement. This is consistent with MCL 339.2517, which permits dual agency with full disclosure and written consent, including disclosure of how the broker will be compensated.

Answer Options
A
Patel may collect commission only from the seller, because the seller signed the listing agreement first
B
Patel may collect commission only from the buyer, because the buyer is the party who initiated contact
C
Patel may collect commission from both parties, provided both parties agreed to the compensation arrangement
D
Patel may not collect any commission in a dual-agency transaction because of the conflict of interest

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Related Topics & Key Terms

Key Terms:

dual_agencybroker_compensationdisclosureMCL_339_2517

Related Concepts

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

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