Broker Simmons at Lakeview Realty listed a home for seller Carol. Buyer Dan, who has a buyer representation agreement with Lakeview Realty, wants to purchase Carol's home. Both Carol and Dan sign dual-agency consent forms. However, one week before closing, Dan discovers that Broker Simmons had previously represented Carol in a lawsuit against Dan's former employer — a fact Broker Simmons never disclosed. Dan claims this prior relationship creates an undisclosed conflict of interest that invalidates his dual-agency consent. Under Michigan law, which of the following is MOST accurate?
Correct Answer
B) Broker Simmons's failure to disclose the prior relationship may render Dan's consent uninformed, potentially invalidating the dual-agency arrangement
Michigan's dual-agency consent requirement under MCL 339.2517 is predicated on informed consent — meaning both parties must be fully aware of material facts that could affect their decision to consent. A prior personal or professional relationship between the broker and one party that could affect the broker's neutrality is a material fact that must be disclosed. If Broker Simmons failed to disclose this prior relationship before obtaining Dan's consent, the consent may be considered uninformed, potentially rendering the dual-agency arrangement invalid and exposing Broker Simmons to disciplinary action under the Occupational Code.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Agency Question
Background Knowledge for Agency
Real World Application in Agency
Common Mistakes to Avoid on Agency Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.
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.
More Agency Questions
For the Wyoming salesperson state portion, the membership of the Wyoming Real Estate Commission is tested. Which statement is correct?
A Wyoming licensee is reviewing a Commission appointment is reviewed for licensee-experience requirements. What is the best answer?
A West Virginia salesperson is asked about a WV licensee fails to disclose on the Commission agency relationship form whether the licensee represents the seller, buyer, or both. What is the best answer?
In West Virginia, a WV licensee fails to disclose on the Commission agency relationship form whether the licensee represents the seller, buyer, or both. Which statement is correct?
In Vermont, a licensee owes fiduciary duties to a client. Which statement is correct?
- → A Vermont licensee is asked about a designated agency firm appoints separate agents for buyer and seller. What is the best answer?
- → In Vermont, a licensee has substantial contact with an unrepresented person before a showing. Which statement is correct?
- → In Vermont, a firm has not elected designated agency. Which statement is correct?
- → In Vermont, a designated agency firm appoints separate agents for buyer and seller. Which statement is correct?
- → A Vermont licensee is asked about a licensee has substantial contact with an unrepresented person before a showing. What is the best answer?
- → In Vermont, a seller receives another offer before closing. Which statement is correct?
- → In Vermont, a designated agency firm appoints or changes a designated agent. Which statement is correct?
- → A Vermont licensee is asked about a firm has not elected designated agency. What is the best answer?
- → In Vermont, a brokerage hosts an open house for unrepresented visitors. Which statement is correct?
- → In Vermont, a licensee buys or sells property on the licensee's own account. Which statement is correct?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
Real Estate Exam Practice Questions by Topic (2026): Free Sets for Contracts, Agency, Financing
Get topic-based real estate exam practice sets and a simple sequence to move from learning to timed mocks.
Real Estate Exam Topics (2026): High-Yield Areas + Common Traps (Contracts, Agency, Financing, Fair Housing)
Learn the highest-frequency real estate exam topics and the traps that cause most wrong answers—plus how to study them.
Real Estate Exam Agency & Fiduciary Duties (2026): Scenarios + Practice Questions
Master agency relationships and fiduciary duties using scenario patterns and practice questions built for exam wording.