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Buyer Amy has signed a written exclusive buyer representation agreement with Broker Dan in Lincoln, Nebraska. Three weeks later, Amy contacts Broker Susan at a different firm and asks Susan to show her a property. Susan shows Amy the property without any agreement in place. Under Nebraska agency law, what is the most accurate description of Susan's relationship with Amy during the showing?

Correct Answer

C) Susan is acting as a seller's agent or in a customer service capacity, not as Amy's buyer's agent

Because Amy already has an exclusive buyer representation agreement with Broker Dan, she is Dan's client. When Susan shows Amy a property without a separate buyer representation agreement, Susan is most accurately acting as the seller's agent (if Susan's firm listed the property) or in a customer service/facilitation capacity toward Amy. Susan does not represent Amy as a buyer's agent. Nebraska agency law requires that agency relationships be clearly established; Susan cannot create a competing buyer agency with Amy, who is already contractually represented by Dan.

Answer Options
A
Susan is Amy's buyer's agent because Amy is physically present at Susan's showing
B
Susan is a subagent of Broker Dan because Amy has an exclusive agreement with Dan's firm
C
Susan is acting as a seller's agent or in a customer service capacity, not as Amy's buyer's agent
D
Susan has created an implied buyer agency with Amy by conducting the showing on Amy's behalf

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Related Topics & Key Terms

Key Terms:

buyer_representationexclusive_agreementcustomer_vs_clientimplied_agencyseller_agency

Related Concepts

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

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.

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