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Practice Of Real EstateLicense LawHARD

James holds a Wyoming Broker-Salesperson license and is affiliated with Broker Sandra. James is approached by a buyer who wants to work with him directly, without involving Sandra's brokerage. James tells the buyer he can represent them independently because his Broker-Salesperson license qualifies him to do so. The buyer signs a buyer agency agreement directly with James personally, not with Sandra's brokerage. Which of the following best describes the legal status of this arrangement under Wyoming law?

Correct Answer

B) The arrangement is improper because all agency agreements must be entered into through the supervising broker's brokerage, not with the individual Broker-Salesperson personally.

Under Wyoming law, a Broker-Salesperson does not have independent agency authority. All real estate agency agreements, including buyer agency agreements, must be entered into through the supervising broker's brokerage, not with the individual Broker-Salesperson personally. A Broker-Salesperson acts on behalf of and under the supervision of the broker. James's representation that he can act independently is a misrepresentation of his license authority, and the buyer agency agreement signed personally with James (not the brokerage) is improper under Wyoming's licensing structure.

Answer Options
A
The arrangement is valid because a Broker-Salesperson license grants James independent agency authority for buyer representation.
B
The arrangement is improper because all agency agreements must be entered into through the supervising broker's brokerage, not with the individual Broker-Salesperson personally.
C
The arrangement is valid as long as Sandra provides written consent to James representing buyers independently.
D
The arrangement is improper only if James fails to disclose his Broker-Salesperson status to the buyer in writing.

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Related Topics & Key Terms

Key Terms:

broker_salespersonindependent_authorityagency_agreementwyoming_uniqueexpert_trap

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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