Broker Kevin represents the seller of a home in Greenville, SC. Prospective buyer Linda contacts Kevin directly and asks to schedule a showing. During the showing, Kevin provides Linda with a property fact sheet and answers her questions about square footage and school districts. Kevin does not present the agency disclosure form until Linda makes an offer three days later. Which of the following best describes Kevin's compliance with SC agency disclosure law?
Correct Answer
D) Kevin violated SC law because disclosure was required no later than the beginning of the property showing
Under SC law, a property showing constitutes first substantive contact at the latest, and the agency disclosure form must be presented at or before that point. Kevin's failure to present the disclosure until Linda made an offer — three days after the showing — is a clear violation of SCREC regulations. The disclosure is required so consumers understand the licensee's representation role before substantive discussions occur, not after they have already toured the property and decided to make an offer.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.
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.
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