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Texas Agency LawListing_agreements_txHARD

Seller Torres has an exclusive right-to-sell listing with Broker Adams. Torres discovers that Adams has been advertising the property with incorrect square footage, overstating it by 200 sq ft. Torres demands correction and considers terminating the listing. Under Texas law, what are Torres' options?

Correct Answer

D) Torres may demand immediate correction and may have grounds to terminate due to the broker's breach of duty

Advertising incorrect property information is a breach of the broker's duty of care and accuracy. Torres may demand immediate correction and may have grounds to terminate the listing agreement based on the broker's breach. Torres may also file a TREC complaint.

Answer Options
A
Torres cannot terminate because incorrect advertising is not grounds for termination
B
Torres can only terminate if the square footage error resulted in an actual financial loss
C
Torres must continue with the listing but can file a TREC complaint after closing
D
Torres may demand immediate correction and may have grounds to terminate due to the broker's breach of duty

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Related Topics & Key Terms

Key Terms:

misrepresentationsquare_footagelisting_terminationbroker_breach

Related Concepts

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

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

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