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Vermont licensee Sandra works for Maple Leaf Realty, which operates as a designated agency firm. Sandra is the designated agent for buyer Carlos. The firm's principal broker, Robert, is also the designated agent for the seller in the same transaction. Which of the following best describes the problem with this arrangement under Vermont designated agency rules?

Correct Answer

D) Robert cannot simultaneously act as the supervising broker over Sandra and as the seller's designated agent, because his supervisory role creates a conflict that undermines Sandra's ability to fully represent Carlos

Under Vermont's designated agency framework (26 V.S.A. § 2296 and VREC Rule 4.1), the principal broker's supervisory authority over all licensees in the firm creates an inherent conflict when the broker also serves as a designated agent for one of the parties. Because Robert supervises Sandra, his role as the seller's advocate could compromise Sandra's independence in representing Carlos, undermining the confidentiality wall that designated agency is designed to maintain. This structural conflict is a recognized problem with principal broker participation as a designated agent.

Answer Options
A
There is no problem, because the principal broker may serve as a designated agent for any party in any transaction
B
Designated agency is not permitted when the principal broker is involved in the same transaction in any capacity
C
The arrangement is only permissible if Carlos and the seller both provide verbal consent to the arrangement
D
Robert cannot simultaneously act as the supervising broker over Sandra and as the seller's designated agent, because his supervisory role creates a conflict that undermines Sandra's ability to fully represent Carlos

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Related Topics & Key Terms

Key Terms:

designated_agencyprincipal_brokerconflict_of_interestsupervisory_role

Related Concepts

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.

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.

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