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Broker David represents the seller of a home in Memphis. Buyer Linda contacts David directly to inquire about the property. David explains the listing details and schedules a showing. Which agency relationship must David disclose to Linda, and when?

Correct Answer

A) David must disclose that he represents the seller, at first substantive contact with Linda

Under Tenn. Code Ann. § 62-13-405, David must disclose his agency status — that he represents the seller — using the TREC-approved Agency Disclosure form at first substantive contact with Linda. When Linda called to inquire about the property and David began discussing listing details, that conversation constitutes first substantive contact, triggering the disclosure obligation.

Answer Options
A
David must disclose that he represents the seller, at first substantive contact with Linda
B
David must disclose that he represents the buyer, before the purchase contract is signed
C
David must disclose dual agency status, only if Linda decides to make an offer
D
David has no disclosure obligation because Linda initiated the contact with him

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Related Topics & Key Terms

Key Terms:

seller_agencydisclosure_timingfirst_substantive_contactagency_disclosure

Related Concepts

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

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