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AgencyDual_agencyMEDIUM

Affiliate broker Tanya has been representing buyer client Hector for three months in his search for a Nashville investment property. Hector falls in love with a property listed by Tanya's own firm. The broker-in-charge offers Tanya the choice of proceeding as a dual agent or having the firm use designated agency. Hector says he prefers Tanya to continue representing him exclusively. Which arrangement would best honor Hector's preference while complying with Tennessee law?

Correct Answer

D) Designated agency, with Tanya continuing as Hector's agent and a different affiliate broker assigned to the seller

Designated agency best honors Hector's preference to keep Tanya as his exclusive representative. Under Tenn. Code Ann. § 62-13-401 et seq., the broker-in-charge can assign Tanya as Hector's designated agent and assign a different affiliate broker to represent the seller. This avoids dual agency while allowing Tanya to maintain undivided loyalty to Hector.

Answer Options
A
Dual agency with written consent from both Hector and the seller, allowing Tanya to represent both parties
B
Transaction brokerage, where Tanya assists both parties without representing either one
C
Subagency, with Tanya becoming an agent of the seller's listing broker while still assisting Hector
D
Designated agency, with Tanya continuing as Hector's agent and a different affiliate broker assigned to the seller

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Related Topics & Key Terms

Key Terms:

designated_agencydual_agencyfiduciary_dutybuyer_representation

Related Concepts

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

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

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