A commercial property owner hires a broker to find a tenant for a 50,000 square-foot warehouse. The broker locates a suitable tenant and negotiates a 10-year lease. The owner pays the broker a commission based on the total lease value. What type of agency did the broker hold?
Correct Answer
B) A special agency limited to finding a tenant and negotiating the lease
A special agency is one task: find a tenant, negotiate the lease, and the authority ends when the task is done. That is what the owner engaged the broker to do, and the commission on the lease value is how it was paid. Other choices: a buyer agency representing the tenant puts the broker on the other side of a deal the owner is paying for; a universal agency with authority over all the owner business affairs is a far wider grant, closer to a power of attorney; and saying no agency exists because commercial leasing does not involve agency relationships is simply untrue, as the same fiduciary duties apply.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.
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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?
- → A listing agent tells prospective buyers that the home sits on 'the finest street in the whole county' and is 'a once-in-a-lifetime opportunity.' These statements are best characterized as:
- → Real estate commissions are typically based on:
- → Under the new rules, how can a buyer's agent be compensated?
- → Casey Patel is hired only to find a ready, willing, and able buyer for Morgan Flores's duplex and has no authority over Morgan's other affairs. Classified by the scope of authority granted, what type of agent is Casey?
- → Casey Patel asks a licensee to unlock homes and write up an offer but refuses to sign any representation agreement. What is Casey's usual status relative to that brokerage?
- → All of the following must generally be disclosed to prospective buyers EXCEPT
- → Grace Rivera gives Natalie Perry an earnest money check, and Natalie Perry promptly deposits it in the proper trust account and keeps accurate records. Which fiduciary duty is this?
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