Maria is a licensed salesperson in Nebraska working under Broker Tom. A buyer named Carlos approaches Maria at an open house and asks her to help him find a home. Maria agrees to represent Carlos as a buyer's agent. Under Nebraska law, who is legally the agent of Carlos?
Correct Answer
A) Broker Tom, because all agency relationships in Nebraska are held by the qualifying broker
Under Nebraska law, a licensed salesperson cannot hold an agency relationship independently. All agency relationships are legally held by the qualifying broker, not the individual salesperson. Maria, as a salesperson licensed under Broker Tom, acts as a subagent of Broker Tom. It is Broker Tom who is the legal agent of Carlos, and Maria acts on Tom's behalf. This reflects Nebraska's three-tier licensing structure where salespersons and associate brokers must work under a qualifying broker who bears legal responsibility for all agency relationships.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.
An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.
An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.
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