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Tom is a Minnesota real estate licensee assisting a buyer in touring several properties. He has not signed any representation agreement with the buyer and has not disclosed his agency status. Under Minnesota law, what is Tom's default agency status in this situation?

Correct Answer

C) Facilitator, until a written agency agreement is established

Under Minn. Stat. § 82.67, a licensee who has not entered into a written agency agreement with a party is presumed to be acting as a facilitator. The facilitator role is the default status in Minnesota when no written agency relationship has been established, and the licensee must provide the required agency disclosure to clarify this status.

Answer Options
A
Buyer's agent, because he is providing services to the buyer
B
Dual agent, because he may also have contact with sellers
C
Facilitator, until a written agency agreement is established
D
Seller's subagent, because the listing broker controls the showing

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Related Topics & Key Terms

Key Terms:

facilitatordefault_agency_statuswritten_agreementagency_disclosure

Related Concepts

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

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.

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