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Missouri broker Sandra is the designated broker for Metro Realty. Salesperson Jake, affiliated with Metro Realty, is representing seller Phil in a listing. Without Sandra's knowledge, Jake also enters into a verbal buyer representation agreement with buyer Cynthia, who wants to purchase Phil's property. Jake does not inform either Phil or Cynthia of the dual representation, and he does not obtain written consent from either party. Which of the following most accurately describes the legal situation under Missouri law?

Correct Answer

D) Jake has violated Missouri law by creating an undisclosed dual agency without written consent from both parties

Jake has created an undisclosed dual agency, which is a serious violation of Missouri law. Missouri requires that dual agency be disclosed to and consented to in writing by both the buyer and the seller before the dual agency is established. Jake failed to disclose the dual representation to either Phil or Cynthia and did not obtain written consent from either party. Additionally, Jake failed to inform his broker Sandra, which violates the broker's supervisory responsibilities. This conduct is grounds for MREC disciplinary action, including possible license revocation, and may expose Jake and Sandra to civil liability under the Missouri Merchandising Practices Act.

Answer Options
A
Jake has created a valid subagency relationship because Cynthia is not his primary client
B
Jake has created a valid designated agency because he is representing both parties within the same brokerage
C
Jake's arrangement is permissible because verbal agreements are enforceable in Missouri agency relationships
D
Jake has violated Missouri law by creating an undisclosed dual agency without written consent from both parties

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Related Topics & Key Terms

Key Terms:

undisclosed_dual_agencywritten_consentmrec_disciplinebroker_supervision

Related Concepts

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

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.

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