Agent Patricia works for Palmetto Realty in Myrtle Beach. She is contacted by Roberto, who is looking to sell his oceanfront condo. During their first phone call, Roberto describes the property, asks about current market values, and inquires whether Patricia can list it for $850,000. Patricia discusses comparable sales and recommends a listing price range. She emails the agency disclosure form to Roberto the following morning. Under SC law, which statement best describes Patricia's actions?
Correct Answer
D) Patricia violated SC law because the disclosure should have been presented during the initial phone call when substantive discussion occurred
Patricia's initial phone call with Roberto was clearly substantive — they discussed property details, market values, and a specific listing price range. Under SC law, the agency disclosure must be presented at first substantive contact, not the following day. Emailing the form the morning after the substantive conversation occurred is a timing violation. The disclosure obligation arose during the phone call itself, regardless of the medium used.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.
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