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Laws of Agency

Agency relationships, fiduciary duties, and disclosure requirements

200 questions10 concepts
Laws of Agency β€” Study Card
Laws of Agency study card infographic showing key concepts, exam weight (12%), and memory aids
AI-generated study card for Laws of Agency. Covers 12% of the real estate exam.
Difficulty Breakdown
Easy53 (27%)
Medium91 (46%)
Hard56 (28%)
Study Tips for Agency
  • β€’Memorize OLD CAR: Obedience, Loyalty, Disclosure, Confidentiality, Accountability, Reasonable Care
  • β€’Know the difference between client (fiduciary duties) and customer (honesty and fairness)
  • β€’Dual agency requires informed written consent from BOTH parties
  • β€’Agency can be created unintentionally through implied or apparent agency

Key Concepts

Agency Relationship

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

Fiduciary Duty

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.

Dual Agency

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

Designated Agency

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

Transaction Brokerage

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.

Agency by Estoppel

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.

Agency by Ratification

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

Express Agency

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

Implied Agency

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

Subagency

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.

Practice Questions

Agency_disclosure_form_requirements(12)

Under Indiana law, what is the specific state-mandated form that licensees must provide to all parties to disclose their agency status?

EASY

Indiana broker Kevin is working with a buyer who is interested in a property listed by Kevin's own firm. Kevin's managing broker designates Kevin to represent the buyer and another broker in the firm to represent the seller. Under Indiana law, which of the following best describes this arrangement and its disclosure requirements?

MEDIUM

According to Indiana's Agency Relationships in Real Estate Transactions Act, when must a licensee first provide the Agency Disclosure Form to a prospective buyer or seller?

EASY

Indiana broker Rachel is a buyer's agent representing David in purchasing a home. At the first showing, Rachel provides David with the Indiana Agency Disclosure Form, which David signs. Later, the transaction involves a seller who is represented by Broker Paul. Paul never provided his seller client with an Agency Disclosure Form. Under Indiana law, what is the consequence of Paul's failure?

MEDIUM

Under Indiana's Agency Relationships in Real Estate Transactions Act, which of the following statements correctly describes the relationship between the Indiana Agency Disclosure Form and the establishment of an actual agency relationship?

MEDIUM

Broker Angela represents the seller in a residential transaction. Broker Derek, from a different firm, represents the buyer. When Derek brings his buyer client to view Angela's listing, which of the following correctly describes the agency disclosure obligations under Indiana law?

MEDIUM

Sarah, a licensed Indiana broker, meets a prospective buyer named Marcus at an open house. Marcus asks Sarah several questions about the neighborhood and the list price of the home. At what point during this interaction is Sarah required to provide Marcus with the Indiana Agency Disclosure Form?

EASY

Tom is a licensed Indiana broker working under Managing Broker Linda. Tom shows a home to a buyer client and provides the Indiana Agency Disclosure Form (State Form 46234). The buyer signs the form. Under Indiana law, who is responsible for retaining the signed disclosure form?

EASY

Broker Michael is a licensed Indiana broker who also holds a real estate license in Ohio, where the entry-level license is called a 'salesperson.' Michael is working on an Indiana transaction and tells his client that he is a 'salesperson' acting as a buyer's agent. He provides the Agency Disclosure Form listing his role as 'salesperson.' Which of the following is true under Indiana law?

HARD

Indiana broker Priya is hosting an open house for a listed property. A visitor named Greg asks Priya detailed questions about the seller's motivation to sell and the lowest price the seller would accept. Priya has not yet provided Greg with the Agency Disclosure Form. Which of the following best describes Priya's obligations and risks in this situation under Indiana law?

HARD

Under Indiana's Agency Relationships in Real Estate Transactions Act (IC 25-34.1-10), all of the following statements about the Agency Disclosure Form are correct EXCEPT:

HARD

Broker Lisa calls a homeowner named Mr. Chen to discuss listing his property. During the call, they discuss the general market conditions, the approximate value of Mr. Chen's home, and the services Lisa's firm provides. Mr. Chen has not yet signed a listing agreement. Under Indiana law, which of the following is true regarding the Agency Disclosure Form?

MEDIUM

Agency_disclosure_pamphlet_and_timing(18)

Washington licensee Carlos is a dual agent in a transaction where he represents both seller Maria and buyer David. David confides to Carlos that he is willing to pay up to $580,000 for the property, though his written offer is for $540,000. Maria has told Carlos she would accept $550,000. Under RCW 18.86, how must Carlos handle this confidential information?

HARD

Washington broker Nina is a designated broker at a firm. Broker Alex, one of her affiliated brokers, represents seller Owen. Another affiliated broker at the same firm, Broker Beth, represents buyer Priya. Neither Alex nor Beth is representing both parties. Under RCW 18.86, which statement BEST describes this arrangement?

HARD

Washington broker Lisa is representing buyer Greg in his search for a home. Greg tells Lisa that he is going through a difficult divorce and urgently needs to purchase a home before a court deadline, and that he would pay almost any price to close quickly. Later, Lisa finds a property listed by her own brokerage, creating a potential dual agency situation. Under RCW 18.86, what must Lisa do before proceeding as a dual agent?

HARD

Washington broker James represents seller Patricia in listing her Bellevue condominium. A buyer's broker, Diana, contacts James to schedule a showing. During their phone call, Diana mentions that her buyer client is highly motivated and must close within 30 days due to a job relocation. James relays this information to Patricia. Under RCW 18.86, which statement BEST describes James's conduct?

MEDIUM

Washington's agency disclosure requirement under RCW 18.86 differs significantly from the approach used in most other states. Which statement BEST captures this Washington-specific distinction?

MEDIUM

Under Washington's Law of Real Estate Agency (RCW 18.86.060), which of the following is NOT a restriction placed on a licensee acting as a dual agent?

HARD

A Washington licensee named Kevin receives a phone call from a seller, Linda, who wants to list her home. During the call, Linda describes the property and asks Kevin about his marketing plan and commission structure. Kevin schedules a listing appointment for the following day. Under RCW 18.86, when must Kevin provide the agency disclosure pamphlet to Linda?

EASY

Washington licensee Tom is contacted by email by a prospective seller, Helen, who asks general questions about the home selling process and current market conditions in her zip code. Tom responds with general market statistics and a description of the listing process. No specific property is discussed. Under RCW 18.86, has first substantive contact occurred that would require Tom to provide the agency disclosure pamphlet?

EASY

In Washington State, the agency disclosure pamphlet required under RCW 18.86 is intended to inform consumers of which of the following?

EASY

Under Washington's statutory agency framework (RCW 18.86), which of the following BEST describes the distinction between the duties owed to a 'client' versus the duties owed to a 'customer'?

MEDIUM

Washington licensee Fiona is a buyer's agent representing client Hector. During negotiations, the seller's agent asks Fiona whether Hector would be willing to waive the inspection contingency to make the offer more competitive. Hector has told Fiona in confidence that he is willing to waive inspection if necessary. Under RCW 18.86, what should Fiona do?

HARD

Under Washington's Law of Real Estate Agency (RCW 18.86), when must a licensee first provide the agency disclosure pamphlet to a prospective buyer or seller?

EASY

Broker Maria meets a prospective buyer, Tom, at an open house. During their conversation, Tom mentions he is looking for a three-bedroom home in the $450,000 range and asks Maria several questions about the neighborhood. Under RCW 18.86, what is Maria's obligation at this point?

EASY

A Washington real estate licensee is working with a buyer who is looking for investment properties. The buyer has not signed a buyer-broker agreement. During their first meeting, the buyer shares his financial goals and asks the licensee to explain the difference between representing him as a client versus working with him as a customer. Under RCW 18.86, what is the licensee's FIRST obligation at this meeting?

EASY

Under Washington's Law of Real Estate Agency (RCW 18.86), which of the following is NOT a duty that a licensee owes to their client?

MEDIUM

Broker Sandra is a seller's agent representing the Johnsons in the sale of their Seattle home. A prospective buyer, Mr. Chen, visits the property unrepresented and asks Sandra several questions about the home's condition and the sellers' motivation. Sandra shows him the property and discusses the neighborhood. Under Washington's agency law, which statement BEST describes Sandra's obligations to Mr. Chen?

MEDIUM

Washington licensee Paul represents a buyer, Amy, under a written buyer-broker agreement. During a showing of a listed property, Paul meets the listing broker, Susan. Susan has never met Amy before and this is their first interaction about this specific transaction. Under RCW 18.86, what is Susan's obligation regarding the agency disclosure pamphlet?

MEDIUM

Licensee Rachel is working at a real estate brokerage open house. A couple, the Garcias, walk in and begin asking Rachel about the home's price, the school district, and whether the sellers would accept a lower offer. Rachel answers their questions but does not provide the agency disclosure pamphlet. Later, the Garcias decide to make an offer and ask Rachel to represent them as their buyer's agent. Which statement BEST describes Rachel's situation?

MEDIUM

Agency_disclosures_and_compensation_policy_notices(32)

Under the Illinois Real Estate License Act, when is a sponsoring broker required to establish a brokerage relationship in a written brokerage agreement?

EASY

Drew Hayes is reviewing an Illinois issue in Chicago. The person plans to refer a client to a third-party service provider in which the licensee has an ownership interest. Which statement best applies?

MEDIUM

Blake Owens is reviewing an Illinois issue in Bloomington. The person is working with a consumer but no written agreement sets a different agency relationship. Which statement best applies?

HARD

Which of the following statements about Illinois agency disclosure and compensation policy rules is NOT accurate?

EASY

In November 2026, Hayden Iverson asks when the dual-agency disclosure form must be presented to a client. What is the most accurate answer under current Illinois rules?

EASY

During a brokerage meeting in Decatur, Parker Foster is working with a consumer but no written agreement sets a different agency relationship. What is the best answer under current Illinois law or practice?

MEDIUM

Under Illinois law, when must a brokerage present the dual-agency disclosure form to a client?

MEDIUM

Under Illinois law, when must a dual agency disclosure be presented to a client, and when must it be signed?

HARD

At a training session in Schaumburg, Morgan Diaz plans to refer a client to a third-party service provider in which the licensee has an ownership interest. Which answer is correct?

EASY

Blake Foster is reviewing an Illinois issue in Naperville. The person asks what Illinois requires a licensee to disclose to a client about compensation policy. Which statement best applies?

MEDIUM

Under Illinois law, a sponsoring broker has an ongoing written brokerage agreement with a buyer-client. The buyer identifies a property, and the listing broker is from the same brokerage. Which of the following correctly describes the sponsoring broker's disclosure obligations in this situation?

HARD

Which of the following statements about Illinois agency disclosure and compensation requirements is NOT correct under current Illinois law?

HARD

For Illinois exam purposes, which statement about third party compensation and referral is correct in this agency disclosures and compensation policy notices context?

EASY

At a brokerage compliance review focused on agency disclosures and compensation policy notices in Winnebago County, these statements are discussed. Which statement below is NOT accurate for current Illinois practice or law?

MEDIUM

During a brokerage meeting in Springfield, Rowan Monroe is working with a consumer but no written agreement sets a different agency relationship. What is the best answer under current Illinois law or practice?

EASY

In Peoria, an Illinois exam-prep memo in June 2026 gives this example: Morgan Diaz asks when a written brokerage agreement is required in Illinois. Which response is correct?

MEDIUM

In April 2026, Hayden Patel asks when the dual-agency disclosure form must be presented to a client. What is the most accurate answer under current Illinois rules?

EASY

Under Illinois law, what must a licensee disclose to a client regarding the sponsoring broker's compensation?

MEDIUM

Under Illinois law, when must the dual-agency disclosure form be presented to a client, and when must it be signed?

MEDIUM

During a brokerage meeting in Springfield, Riley Sullivan asks what Illinois requires a licensee to disclose to a client about compensation policy. What is the best answer under current Illinois law or practice?

MEDIUM

+ 12 more questions

Agency_relationships_and_written_brokerage_agreements(34)

Under current Illinois law, which of the following best defines a ministerial act?

HARD

Under Illinois law, which statement most accurately describes the core duty structure a licensee owes to a represented client?

EASY

Under the Illinois Real Estate License Act, which of the following best describes a ministerial act?

EASY

Under the Illinois Real Estate License Act, if no written agreement establishes a different agency relationship, how is a consumer treated by default?

EASY

Each of the following statements accurately reflects Illinois law on agency relationships and written brokerage agreements EXCEPT:

MEDIUM

Under the Illinois Real Estate License Act, which of the following actions would most clearly qualify as a ministerial act?

EASY

Under Illinois law, what is the default agency relationship when a sponsoring broker begins working with a consumer and no written brokerage agreement specifies a different arrangement?

MEDIUM

Under Illinois real estate law, is every consumer who receives services from a licensee considered a client?

EASY

Under the Illinois Real Estate License Act, which statement correctly describes what a licensee owes to a customer who is not represented by that licensee?

MEDIUM

Under Illinois law, when must a sponsoring broker's brokerage relationship be documented in a written brokerage agreement?

MEDIUM

Each of the following statements accurately describes Illinois agency law EXCEPT:

MEDIUM

Under the Illinois Real Estate License Act of 2000, which statement best defines a ministerial act?

MEDIUM

Under the Illinois Real Estate License Act of 2000, which statement most accurately describes when a written brokerage agreement is required?

HARD

Under current Illinois real estate law and practice, which of the following statements about written brokerage agreements and agency duties is NOT accurate?

HARD

Under the Illinois Real Estate License Act, which of the following best describes a 'ministerial act'?

EASY

Under the Illinois Real Estate License Act, which of the following most accurately describes the core duties a licensee owes to a represented client?

MEDIUM

Under Illinois law, what type of agency relationship applies by default when a sponsoring broker has not established a different relationship through a written brokerage agreement?

MEDIUM

Under Illinois real estate law, when must a sponsoring broker's brokerage relationship be documented in a written brokerage agreement?

MEDIUM

A licensee begins working with a buyer but no written brokerage agreement has been executed. Under current Illinois law, how is the consumer's agency relationship classified by default?

HARD

Under Illinois real estate law, is every person who receives services from a licensee automatically considered a client?

MEDIUM

+ 14 more questions

Agency_types(102)

Broker Linda's office in Juneau has two salespersons: Agent A represents the seller of a property listed at $450,000, and Agent B represents a buyer who wants to make an offer on that same property. Both agents work under Broker Linda. Under Alaska law, what agency arrangement is most appropriate for this situation, and what must occur before it can proceed?

MEDIUM

Sarah is a licensed salesperson working under Broker Tom in Anchorage. A seller lists her home with Broker Tom's office, and Sarah is assigned to represent the seller exclusively. Under Alaska law, what type of agency relationship does Sarah have with the seller?

EASY

During an open house in Wasilla, a buyer named Kevin tells the listing agent, "I love this house and I'll pay whatever it takes to get it." The listing agent does not represent Kevin. Under Alaska law, what must the listing agent do with this information?

MEDIUM

Under Alaska real estate regulations, when must a licensee provide the agency disclosure to a prospective buyer or seller?

MEDIUM

Tennessee affiliate broker Jason works at Blue Ridge Realty. He represents buyer clients who want to purchase a home listed by a different affiliate broker, Sandra, at the same firm. The Broker-in-Charge, without consulting either Jason or Sandra, decides to handle the transaction as a dual agency and has both clients sign a dual agency consent form. Jason believes his buyer clients' interests would be better served under designated agency. Under Tennessee law, which statement is most accurate?

HARD

Agent Rivera is a buyer's agent representing the Johnsons in purchasing a property in Kodiak. During due diligence, Agent Rivera learns that the property sits on an area with known permafrost conditions that could affect the foundation. The seller has not mentioned this in the seller's disclosure. What is Agent Rivera's obligation under Alaska agency law?

MEDIUM

Under Alaska agency law, a dual agent owes certain duties to both the buyer and the seller. Which of the following is NOT a duty that a dual agent may fully perform for both parties simultaneously?

MEDIUM

Sales Associate Paula at Sooner Realty in Yukon, Oklahoma has a listing agreement with seller Ray. During a showing, buyer Sam (who is unrepresented) asks Paula whether the roof has ever leaked. Paula knows from her walkthrough that the roof has a history of leaking, but Ray has asked her not to mention it. Sam is not Paula's client. What is Paula's correct course of action under Oklahoma agency law?

HARD

Under Oklahoma law, which of the following statements correctly distinguishes designated agency from dual agency in an in-house transaction at an Oklahoma brokerage?

HARD

Sales Associate Rick at Panhandle Realty in Oklahoma City is representing buyer Nora under a written buyer representation agreement. During the transaction, the seller's listing agent, Sue, offers Rick a $500 bonus directly from the seller if the deal closes by the end of the month. Rick does not disclose this bonus offer to Nora. Which of the following best describes the legal and ethical consequences of Rick's failure to disclose?

HARD

Seller Patricia has listed her Oklahoma City home with Broker Greg. Buyer Marcus, who is unrepresented, contacts Greg directly to make an offer on Patricia's home. Greg informs Marcus that he represents Patricia and provides Marcus with the required Oklahoma agency disclosure. Marcus decides to proceed without his own agent. Which of the following best describes Greg's relationship with Marcus during this transaction?

MEDIUM

Sales Associate Beth works for Frontier Realty in Lawton, Oklahoma. Beth has a signed buyer representation agreement with buyer Tom. While searching for properties, Tom becomes interested in a home listed by Beth's own broker at Frontier Realty. Beth's broker has a listing agreement with the seller of that property. Beth's broker designates Beth to represent Tom and designates another Sales Associate, Ryan, to represent the seller. Both parties consent in writing. Which statement correctly describes the resulting agency arrangement?

MEDIUM

Broker Connie at Redlands Realty in Edmond, Oklahoma is personally representing both the seller and the buyer in the same transaction. Both parties have provided written informed consent after full disclosure. Which of the following statements correctly describes Connie's obligations in this dual agency arrangement under Oklahoma law?

MEDIUM

Sales Associate Derek in Norman, Oklahoma is working with buyer Sandra to find a home. Derek has not signed a written buyer representation agreement with Sandra, but he has been showing her properties and providing advice for three weeks. Under Oklahoma agency law, which statement most accurately describes Derek's agency status with Sandra?

MEDIUM

Sales Associate Trent in Broken Arrow, Oklahoma is assisting a buyer in a transaction but has not agreed to represent the buyer as a fiduciary agent. Instead, Trent is helping both the buyer and the seller complete the transaction without advocating for either party's interests. Under Oklahoma law, which type of relationship does Trent have with the buyer?

MEDIUM

Under Oklahoma's agency disclosure requirements, when must a licensee provide the written agency disclosure to a prospective buyer who is being shown a listed property for the first time?

MEDIUM

Under Oklahoma law, which of the following is NOT a recognized type of agency relationship that a licensed Oklahoma broker may enter into with a client in a real estate transaction?

HARD

Sales Associate Dana in Tulsa represents seller Bob under a listing agreement. During negotiations, buyer's agent Carol asks Dana whether Bob would accept $10,000 less than the asking price. Bob has privately told Dana he would accept up to $15,000 below asking. Dana is also aware that Bob must sell quickly due to a job relocation. How should Dana respond to Carol's question under Oklahoma agency law?

HARD

Sales Associate Wes in Enid, Oklahoma represents buyer Diane under a written buyer representation agreement. All of the following are fiduciary duties Wes owes to Diane EXCEPT:

HARD

Broker Helen at Cimarron Properties in Oklahoma City personally holds a listing for seller Frank. Buyer Grace approaches Helen directly and wants Helen to represent her as a buyer's agent in purchasing Frank's property. Helen has no other Sales Associates available to designate. Helen discloses the potential dual agency to both Frank and Grace in writing, and both provide written consent. Which of the following is Helen permitted to do under Oklahoma law?

HARD

+ 82 more questions

Laws of Agency: What You Need to Know

Laws of Agency is one of the most important and heavily tested exam topics, covering the fiduciary relationship between agents and their clients. The concept of agency is fundamental to understanding an agent's legal obligations and forms the basis for professional conduct in real estate.

The cornerstone of agency law is the six fiduciary duties, easily remembered by the acronym OLD CAR: Obedience (following lawful instructions), Loyalty (putting the client's interests first), Disclosure (revealing all material facts), Confidentiality (protecting private information), Accountability (accounting for all funds), and Reasonable Care (exercising competence and diligence). These duties apply to every client relationship.

Know how agency relationships are created: express agency (written or oral agreement), implied agency (through actions or conduct), and apparent agency (through third-party perception). Also understand how they terminate: completion, expiration, mutual agreement, death or incapacity, destruction of property, or breach. Dual agency β€” representing both buyer and seller β€” requires informed written consent from both parties and is prohibited in some states.

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