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Texas Agency LawIabs_disclosureHARD

Broker Grant sponsors 8 sales agents. Grant's policy requires agents to include the IABS in all email signatures as an attachment. Agent Harris follows this policy and sends an email to a prospective buyer with the IABS attached, discussing a specific property. The buyer never opens the attachment. Has Harris satisfied the IABS delivery requirement?

Correct Answer

C) Yes, because the IABS was delivered via email attachment as part of the first substantive dialogue

Under TREC rules, the IABS may be delivered electronically, including as an email attachment. The license holder's obligation is to provide the form—the consumer's failure to open or read the attachment does not negate the delivery. Email delivery is an accepted method.

Answer Options
A
No, because the IABS must be delivered as a paper document, not electronically
B
No, because the buyer must physically sign the IABS to acknowledge receipt
C
Yes, because the IABS was delivered via email attachment as part of the first substantive dialogue
D
Yes, but only if Harris can prove the email was successfully delivered to the buyer's inbox

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Related Topics & Key Terms

Key Terms:

IABSelectronic_deliveryemail_attachmentcompliance

Related Concepts

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

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