Under North Dakota Administrative Code Title 70 and NDCC Chapter 43-23, which of the following is NOT a recognized type of agency relationship that a licensed real estate broker may enter into with a client in North Dakota?
Correct Answer
C) Undisclosed dual agency
Undisclosed dual agency is NOT a recognized or permissible type of agency relationship in North Dakota. While dual agency itself is permitted, it requires written informed consent from both parties before it begins. Undisclosed dual agency — where a licensee secretly represents both parties without consent — is a serious violation of NDREC rules and NDCC Chapter 43-23, and can result in license revocation, fines, and civil liability. It is not a 'recognized type' of agency; it is a prohibited practice.
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