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AgencyTerminationEASY

A Michigan salesperson has been working under a buyer representation agreement with a client, Marcus, for three months. Marcus unexpectedly passes away before any purchase agreement is signed. Under Michigan agency law, what is the effect of Marcus's death on the buyer representation agreement?

Correct Answer

A) The agency agreement terminates automatically by operation of law upon Marcus's death.

Under Michigan agency law, consistent with general common law agency principles as recognized in Michigan, the death of a principal (the client) automatically terminates the agency relationship by operation of law. Because Marcus, the buyer-principal, has died, the buyer representation agreement is immediately and automatically terminated without any further action required by either party. The agency relationship is personal in nature and cannot survive the death of the principal unless otherwise provided by statute, which is not the case here.

Answer Options
A
The agency agreement terminates automatically by operation of law upon Marcus's death.
B
The agency agreement remains in effect and binds Marcus's estate until the original expiration date.
C
The salesperson may continue representing the estate if the broker provides written consent.
D
The agency agreement is suspended for 30 days to allow the estate to appoint a new representative.

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Related Topics & Key Terms

Key Terms:

agency_terminationbuyer_representationdeath_of_principaloperation_of_law

Related Concepts

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

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