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Broker Henderson's Wyoming brokerage has a listing for a property owned by Mr. Walsh. Agent Lena, also working under Broker Henderson, has a buyer client, Ms. Park, who wants to purchase the Walsh property. Broker Henderson wants to designate Lena to represent Ms. Park and another agent, Tom, to represent Mr. Walsh. For this in-house agency arrangement to be valid under Wyoming law, which of the following steps is required?

Correct Answer

A) Broker Henderson must provide written disclosure of the in-house agency arrangement to both Mr. Walsh and Ms. Park using a WREC-approved form

Under the Wyoming Agency Disclosure Act (W.S. 33-28-301 et seq.), for an in-house agency arrangement to be valid, the broker must provide written disclosure of the in-house agency relationship to all parties using a WREC-approved form. Both the buyer and seller must be informed in writing of the designated agency arrangement, who their designated agent is, and the nature of the relationship. Written disclosure is a mandatory requirement, not merely a best practice.

Answer Options
A
Broker Henderson must provide written disclosure of the in-house agency arrangement to both Mr. Walsh and Ms. Park using a WREC-approved form
B
Broker Henderson must obtain verbal consent from both Mr. Walsh and Ms. Park before designating the agents
C
Broker Henderson must withdraw the listing and re-list the property under a cooperating broker to avoid a conflict of interest
D
Broker Henderson must personally represent both parties as a dual agent, since designated agency is not permitted within the same brokerage

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Related Topics & Key Terms

Key Terms:

in_house_agencywritten_disclosurewrec_approved_formsdesignated_agency

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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