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Practice Of Real EstateLicense_lawHARD

Broker Lisa Tran operates a busy residential brokerage. Within the same brokerage, salesperson Aaron represents the seller of a property and salesperson Beth represents the buyer. Lisa designates Aaron as the seller's designated agent and Beth as the buyer's designated agent. Lisa herself remains as the supervising broker but does not represent either party. A dispute arises, and the seller claims Lisa is a dual agent who owes fiduciary duties to both parties. Under Missouri law, which statement is most accurate?

Correct Answer

B) Lisa is not a dual agent; under Missouri's designated agency framework, each designated agent represents only their respective client, and the broker serves in a supervisory capacity without dual agency obligations

Missouri's designated agency framework, established under RSMo Chapter 339 and MREC rules, specifically allows a broker to designate individual salespersons to represent opposing parties within the same transaction without creating dual agency. When Lisa properly designates Aaron as the seller's agent and Beth as the buyer's agent, each designated agent owes full fiduciary duties only to their respective client. The supervising broker (Lisa) maintains supervisory responsibilities but does not assume dual agency obligations. This is a key distinction between designated agency and dual agency under Missouri law.

Answer Options
A
Lisa is a dual agent because both Aaron and Beth work under her license, creating an automatic dual agency relationship with both parties
B
Lisa is not a dual agent; under Missouri's designated agency framework, each designated agent represents only their respective client, and the broker serves in a supervisory capacity without dual agency obligations
C
Lisa must obtain written informed consent from both parties to avoid dual agency liability, regardless of the designated agency structure
D
Missouri law prohibits designated agency within the same brokerage, so the transaction must be restructured with an outside broker representing one party

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Related Topics & Key Terms

Key Terms:

designated_agencydual_agencybroker_supervisionin_house_transactionfiduciary_duties

Related Concepts

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Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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