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Oregon broker James represents seller Patricia. A buyer named Kevin contacts James directly and asks James to also represent him in purchasing Patricia's property. James agrees. Under Oregon law, which of the following must occur BEFORE James can proceed as a disclosed limited agent?

Correct Answer

D) James must obtain written informed consent from both Patricia and Kevin before the disclosed limited agency is established

ORS 696.840 requires that before a licensee may act as a disclosed limited agent representing both buyer and seller, the licensee must obtain written informed consent from all parties to the transaction. This consent must be obtained before the disclosed limited agency relationship is established—not after the fact. This is a critical Oregon-specific requirement that distinguishes it from states that allow verbal consent.

Answer Options
A
James must refer Kevin to another broker in his firm to avoid any conflict of interest under Oregon law
B
James must obtain verbal agreement from both Patricia and Kevin, then confirm it in writing within three business days
C
James must first terminate his seller's agency agreement with Patricia, then enter into a buyer's agency agreement with Kevin
D
James must obtain written informed consent from both Patricia and Kevin before the disclosed limited agency is established

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Related Topics & Key Terms

Key Terms:

disclosed_limited_agencywritten_consenttiming_of_consentfiduciary_duties

Related Concepts

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

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

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