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Under Nevada law, which of the following actions by a Nevada licensee would constitute the creation of an agency relationship by implication, even without a written agreement?

Correct Answer

B) Advising a buyer on negotiation strategy and acceptable offer terms for a specific property

Under Nevada agency law, an agency relationship can be created by implication through conduct — when a licensee acts in a manner that a reasonable person would interpret as representation. Advising a buyer on negotiation strategy and acceptable offer terms for a specific property goes beyond ministerial acts and constitutes conduct that creates an implied agency relationship, even without a written agreement.

Answer Options
A
Providing a prospective buyer with general neighborhood information from a public website
B
Advising a buyer on negotiation strategy and acceptable offer terms for a specific property
C
Completing the Duties Owed disclosure form and having the buyer sign it
D
Showing a buyer multiple properties listed by other brokerages without discussing price

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Related Topics & Key Terms

Key Terms:

implied_agencyagency_creationministerial_actsbuyer_representation

Related Concepts

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

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