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Texas Agency LawFiduciary_duties_txHARD

Broker Reed has been representing Seller Grant for six months under a listing agreement. A buyer represented by another brokerage makes an offer at full asking price with no contingencies. Simultaneously, Reed's spouse contacts Reed expressing interest in purchasing the property at 5% above asking price. Under Texas law, what must Reed do?

Correct Answer

B) Present both offers to Grant and fully disclose the family relationship with the second offeror

Under TRELA, Reed must present all offers and fully disclose any personal interest or relationship. The duty of loyalty and disclosure requires Reed to inform Grant that the second offer comes from Reed's spouse, so Grant can make a fully informed decision.

Answer Options
A
Present both offers to Grant and let the seller decide, with no further disclosure required
B
Present both offers to Grant and fully disclose the family relationship with the second offeror
C
Reject the spouse's offer to avoid a conflict of interest
D
Present only the first offer because the spouse's offer creates a prohibited conflict of interest

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Related Topics & Key Terms

Key Terms:

conflict_of_interestdisclosurefamily_relationshipall_offers

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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