Salesperson Greg works under Broker-in-Charge Helen at Lowcountry Realty in Beaufort, SC. Greg meets potential seller Carl at a community event and they discuss Carl's interest in selling his home. Greg presents the SC agency disclosure form and Carl acknowledges receipt. Two weeks later, Carl contacts the office but speaks with a different salesperson, Pam, who is also affiliated with Lowcountry Realty. Pam begins discussing Carl's property and listing strategy without presenting a new agency disclosure form. Under SC law, which statement best describes Pam's obligation?
Correct Answer
B) Pam had no obligation to present a new disclosure form because Carl already received it from a licensee at the same brokerage
Under South Carolina law, the agency disclosure obligation is generally satisfied on a per-transaction basis, not per-licensee. When Carl received and acknowledged the agency disclosure form from Greg at Lowcountry Realty, that disclosure was made on behalf of the brokerage. Since Pam is also affiliated with the same brokerage (Lowcountry Realty), Carl has already been informed of the agency relationship with that firm. Pam is not required to re-present the disclosure form for the same potential transaction when proper disclosure has already been made by a colleague at the same firm.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.
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