Sarah is a licensed Missouri salesperson working for Maple Realty. She is showing a home listed by her own brokerage to a buyer named Tom, who has not signed any representation agreement. Tom asks Sarah directly, 'Are you representing me or the seller?' What is Sarah's most accurate and legally required response under Missouri law?
Correct Answer
B) She represents the seller, and Tom is a customer unless a separate buyer representation agreement is executed.
Under Missouri law (RSMo § 339.730 et seq. and MREC rules), a licensee working with a listed property represents the seller unless a separate buyer representation agreement has been executed. Tom, without a signed agreement, is a customer — not a client — and Sarah owes him honesty and fair dealing but not full fiduciary duties. The Missouri Broker Disclosure Form should have already been provided to clarify this relationship.
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Related Topics & Key Terms
Key Terms:
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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