Associate Broker Maria is licensed in Utah and works under Principal Broker James. A buyer contacts Maria directly and asks to see a home. Maria emails the buyer a written agency disclosure but does not receive a signed acknowledgment before the showing. The buyer later files a complaint with the Utah Division of Real Estate, claiming she never received the disclosure. Under Utah law, which party bears the burden in this situation, and what is the best practice Maria should have followed?
Correct Answer
B) Maria bears the burden of proving delivery; best practice is to obtain a signed written acknowledgment of receipt before the showing
Under Utah Administrative Code R162-2f-401, the licensee is responsible for ensuring the written agency disclosure is provided and, in practice, bears the burden of demonstrating compliance if a complaint is filed. While email transmission may constitute delivery, the best practice — and the method that protects the licensee — is to obtain a signed written acknowledgment from the buyer before the showing. Without a signed receipt, Maria's position in a complaint proceeding is significantly weakened.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.
The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.
An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.
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