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AgencyAgency_types_seller_buyer_dual_designatedEASY

Sarah is a licensed salesperson at Magnolia Realty in Jackson, Mississippi. She receives a call from Marcus, a buyer who wants to tour a home listed by her firm. Before showing the property, Sarah explains to Marcus that her firm represents the seller. Marcus says he understands and still wants to see the home. What is Sarah's agency obligation to Marcus at this point under Mississippi law?

Correct Answer

B) Sarah must treat Marcus as a customer and provide honest, fair dealing without full fiduciary duties

Under Mississippi agency law (Miss. Code Ann. §73-35-21 et seq.), when a licensee represents the seller and a buyer has been informed of this relationship, the buyer is treated as a 'customer' rather than a 'client.' The licensee owes the customer honesty and fair dealing but does not owe full fiduciary duties such as loyalty or confidentiality. Sarah may show the property while representing the seller's interests.

Answer Options
A
Sarah must refuse to show the property unless Marcus signs a buyer representation agreement
B
Sarah must treat Marcus as a customer and provide honest, fair dealing without full fiduciary duties
C
Sarah automatically becomes a dual agent the moment she shows Marcus the property
D
Sarah must refer Marcus to another brokerage before showing any firm-listed property

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Related Topics & Key Terms

Key Terms:

client_vs_customerseller_agencybuyer_as_customerfiduciary_duties

Related Concepts

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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.

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