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Laws Of Agency Fiduciary DutiesAgency_and_fiduciary_dutiesMEDIUM

After both the buyer and the seller have signed a purchase agreement, the agent raises the stated purchase price so that the commission will be larger, without telling either party. This act is:

Correct Answer

A) forgery.

A material change made to a signed instrument without the parties' authorization, and with intent to gain, is a falsification of the document rather than a correction. California Penal Code Section 470 treats fraudulently altering a contract or deed as forgery, and the same conduct is grounds for discipline as fraud or dishonest dealing under Business and Professions Code Section 10176. A legitimate change after signing is made with the knowledge of the parties and is initialed and dated by them, which is exactly what is missing here.

Answer Options
A
forgery.
B
novation.
C
ratification.
D
amanuensis.
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Related Topics & Key Terms

Related Topics:

contract-law-basicsreal-estate-documentation-requirementsagent-ethical-standards

Key Terms:

document alterationunauthorized modificationcontract fraudCalifornia real estate lawpost-signature changes

Related Concepts

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.

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.

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