Sandra signs an exclusive listing agreement with broker Kevin to sell her home, and Kevin alone holds the contract with her. During an open house, prospective buyer Marcus asks Kevin directly whether Sandra would accept $15,000 below list price. Kevin politely declines to share that figure, explaining that he must protect Sandra's confidential negotiating position, although he confirms every offer Marcus submits will be presented promptly. Kevin owes confidentiality, loyalty, full disclosure of material facts, accounting, and reasonable care exclusively to Sandra. Which representational status does Kevin hold in this transaction?
Correct Answer
B) Seller's agent
Kevin's exclusive listing agreement is solely with Sandra, and his fiduciary duties — confidentiality, loyalty, disclosure, accounting, and reasonable care — flow to her alone. A licensee whose representation and fiduciary duties run only to the seller is a seller's agent.
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Related Topics & Key Terms
Key Terms:
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.
More General Principles Of Agency Questions
A listing agreement creates an agency relationship between:
A property management agreement between an owner and a property manager typically specifies which of the following?
What is 'designated agency' in the context of a real estate brokerage?
A real estate team receives a referral from a past client. The team leader assigns the referral to a team member. The team member shows the buyer several properties. Who is the buyer's agent?
A buyer's agent compensation can be structured as:
- → A commercial tenant is negotiating a five-year lease for retail space. The tenant hires a tenant representative broker to negotiate lease terms on the tenant's behalf. What agency relationship exists between the tenant and the tenant representative?
- → A property manager signs a lease on behalf of the property owner. The management agreement authorizes the manager to execute leases for terms up to one year. The manager signs a three-year lease with a commercial tenant. What is the likely consequence?
- → A property manager discovers that a rental unit has a significant mold problem. The manager repairs the visible mold but does not inform the property owner about the extent of the damage or the potential liability. Has the property manager violated any agency duty?
- → The minimum requirement for real estate professional advertising is:
- → Extravagant sales claims to attract buyers represent:
- → Licensed agents must ensure:
- → Real estate commissions are typically based on:
- → The document defining the broker-seller relationship is:
- → An agent with complete legal authority to act for a principal in all matters is a:
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Previous Question
An elderly father is diagnosed with progressive dementia and signs a comprehensive power of attorney in favor of his daughter. The instrument expressly authorizes her to sell his house, manage his investments, pay his bills, sign deeds and contracts, and make virtually any other legal or business decision for him. She is not limited to one transaction or one business sector — her authority sweeps across nearly every aspect of his affairs. When she signs documents, they bind her father with the same legal effect as if he had signed personally. Which classification of agent best describes the daughter's authority?
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All of the following are agency-relationship roles in real estate practice EXCEPT