Broker Nelson's listing agent takes professional photographs of a listed property. The listing expires without a sale. The seller signs a new listing with a different brokerage. Can the new brokerage use Nelson's photographs?
Correct Answer
D) No, because the photographs belong to the photographer or the brokerage that commissioned them
Professional photographs are intellectual property owned by the photographer or the brokerage that commissioned them. The new brokerage cannot use them without permission, regardless of who the current listing broker is.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Texas Agency Law Question
Background Knowledge for Texas Agency Law
Real World Application in Texas Agency Law
Common Mistakes to Avoid on Texas Agency Law Questions
Related Topics & Key Terms
Key Terms:
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.
More Texas Agency Law Questions
A Texas license holder represents a landlord and is leasing commercial office space. The license holder shows the space to a prospective tenant from a large corporation. The corporate tenant has its own tenant representation broker. Must the landlord's license holder provide the IABS to the tenant?
A Texas license holder provides the IABS form to a buyer at their first meeting. Two weeks later, the buyer contacts the license holder about a different property. Must the license holder provide the IABS again?
A married couple visits an open house together. Sales agent Foster provides the IABS to the wife but not the husband. If both spouses are interested in purchasing the property, has Foster satisfied the IABS requirement?
Agent Parker provides the IABS to Buyer Harris at the first showing. Later, Harris signs a buyer representation agreement with a completely different brokerage firm. When Harris contacts Parker about another property, Parker's firm still has a listing on, must Parker provide the IABS again?
In Texas, a sales agent who is assigned by the intermediary broker to communicate with and carry out instructions of one party in a transaction is known as a(n):
- → Which Texas law governs the licensing and regulation of real estate brokers and sales agents, including agency relationships?
- → A Texas license holder receives earnest money from a buyer. Under Texas law, the license holder must:
- → Under Texas law, which of the following BEST describes the relationship between a sales agent and their sponsoring broker?
- → The IABS form describes all of the following types of agency relationships available in Texas EXCEPT:
- → A Texas license holder is working at a property management company and negotiates a lease for a tenant. Must the license holder provide the IABS form to the prospective tenant?
- → Under TREC rules, the IABS form must be provided by whom?
- → Broker Martinez instructs all of her sales agents to include the IABS form as a standard attachment in every email communication. This practice is:
- → A Texas license holder posts a property listing on social media. A consumer comments on the post asking about the property's price. The license holder responds with the price and additional details. Was the IABS required?
- → In Texas, commingling occurs when a license holder:
- → Sales agent Kim provides the IABS form to Buyer Patel at their first meeting. During the meeting, Kim explains that she represents the seller. Patel asks Kim to also represent him as a buyer. Kim agrees but does not have Patel sign a buyer representation agreement. Later, a dispute arises and Patel claims Kim was his buyer's agent. What is the most likely outcome?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam