Agent Kevin at Dakota Homes Realty in Williston has been showing properties to buyer Rosa. Rosa has not signed a buyer agency agreement, and Kevin has not provided any agency disclosure. Rosa asks Kevin to write an offer on a property listed by a different brokerage. Under North Dakota law, what is Kevin's agency status with respect to Rosa at this point?
Correct Answer
A) Kevin's agency status is undefined and potentially in violation of North Dakota's disclosure requirements.
Under North Dakota Administrative Code Title 70, agency disclosure must be made at the first substantive contact. Kevin has been showing Rosa properties without providing the required disclosure or establishing a written agency relationship. This means Kevin's agency status with Rosa is legally ambiguous and Kevin is likely in violation of NDREC disclosure requirements. The failure to disclose agency status at first substantive contact is a regulatory violation, and Kevin cannot claim a clear agency role without having followed the proper disclosure procedures.
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