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AgencyFacilitator_roleHARD

Minnesota licensee Rachel is acting as a facilitator in a transaction. Midway through the transaction, the buyer asks Rachel to become his exclusive buyer's agent. Rachel agrees and provides an updated agency disclosure form signed by the buyer. The seller was not informed of this change. Which of the following best describes the legal consequence of this situation under Minnesota law?

Correct Answer

A) Rachel may now owe fiduciary duties to the buyer, but the seller should be informed of the change in Rachel's role

Under Minn. Stat. Ch. 82, a licensee may transition from a facilitator role to a buyer's agent role during a transaction. Once Rachel accepts the buyer's agency relationship and provides an updated disclosure, she owes fiduciary duties to the buyer. However, because Rachel was previously assisting the seller as a facilitator, the seller must be informed of the change in Rachel's role so the seller understands that Rachel is now representing the buyer's interests — not acting as a neutral party.

Answer Options
A
Rachel may now owe fiduciary duties to the buyer, but the seller should be informed of the change in Rachel's role
B
The transition is invalid because a facilitator can never change roles in the middle of a transaction
C
The transition is valid because only the buyer's consent is needed to establish a buyer's agency relationship
D
Rachel automatically becomes a dual agent because she was previously assisting both parties as a facilitator

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Related Topics & Key Terms

Key Terms:

facilitatorrole_transitionbuyer_agencydisclosureadvanced

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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