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A Missouri broker, Linda, is working with both the seller and the buyer in the same transaction without designating separate agents. Linda has obtained written informed consent from both parties to proceed. Which agency relationship does Linda have with each party?

Correct Answer

D) Linda is a dual agent representing both parties with limited fiduciary duties to each

When a single Missouri broker represents both the buyer and the seller in the same transaction with the written informed consent of both parties, a dual agency relationship is created. In dual agency, the broker owes duties to both clients but must limit certain fiduciary obligations—particularly the duty of full disclosure and undivided loyalty—because those duties conflict when representing opposing parties. Missouri law requires written consent before a dual agency can be established.

Answer Options
A
Linda is a subagent of the cooperating broker who introduced the buyer
B
Linda is the seller's agent only, and the buyer is an unrepresented customer
C
Linda is a designated agent for each party separately
D
Linda is a dual agent representing both parties with limited fiduciary duties to each

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Related Topics & Key Terms

Key Terms:

dual_agencywritten_consentfiduciary_dutiesagency_types

Related Concepts

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

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

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