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Under Ohio law, Broker Wallace has a salesperson, Agent Ford, who makes an unauthorized promise to a buyer that the seller will pay for all closing costs. The seller refuses. The buyer incurs unexpected costs and sues. Under ORC Chapter 4735, who may be held liable?

Correct Answer

A) Both Agent Ford and Broker Wallace, because the broker may be vicariously liable for the agent's unauthorized representations

Under ORC §4735.18, the broker may be vicariously liable for unauthorized representations made by affiliated salespersons. Agent Ford exceeded authority, but the broker's supervisory responsibility creates shared liability.

Answer Options
A
Both Agent Ford and Broker Wallace, because the broker may be vicariously liable for the agent's unauthorized representations
B
Only the seller, because the seller refused to honor the promise made by the agent
C
Only Agent Ford, because the agent made the unauthorized promise independently
D
Only the buyer, because the buyer should have verified the promise directly with the seller

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Related Topics & Key Terms

Key Terms:

vicarious_liabilityunauthorized_promisebroker_supervisionORC_4735

Related Concepts

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

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