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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
Easy52 (26%)
Medium109 (55%)
Hard39 (20%)
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(31)

A Louisiana sponsoring broker reviews a seller agent shows alternative properties to prospective buyers. Which answer follows Louisiana law?

MEDIUM

A Louisiana licensee encounters dual agency consent timing is tested. What should the licensee remember?

MEDIUM

Which Louisiana rule applies when a licensee performs brokerage services for a client?

MEDIUM

A Louisiana salesperson asks about a licensee responds to a phone inquiry about availability, price, or location of property. What is the best answer?

MEDIUM

A Louisiana salesperson asks about a dual agent knows latent material defects in the property. What is the best answer?

MEDIUM

In Louisiana, a licensee represents a seller client or buyer client. Which statement is correct?

MEDIUM

For the Louisiana state portion, how should a candidate analyze a dual agent knows the buyer or tenant financial qualification?

MEDIUM

A Louisiana sponsoring broker reviews a conversation reaches the point where confidential information is solicited or received. Which answer follows Louisiana law?

MEDIUM

A Louisiana licensee encounters a client signs the LREC-prepared dual agency disclosure form. What should the licensee remember?

MEDIUM

A Louisiana licensee encounters a licensee represents a client. What should the licensee remember?

MEDIUM

For the Louisiana state portion, how should a candidate analyze a licensee conducts an open house and answers questions about the property?

MEDIUM

In Louisiana, a licensee works with both buyer and seller or both landlord and tenant in the same transaction. Which statement is correct?

MEDIUM

For the Louisiana state portion, how should a candidate analyze an agency relationship terminates, expires, or is completed?

MEDIUM

For the Louisiana state portion, how should a candidate analyze a licensee representing a client receives money or property in which the client has or may have an interest?

MEDIUM

In Louisiana, a broker wants to create subagency. Which statement is correct?

MEDIUM

Which Louisiana rule applies when a broker receives or is promised compensation?

MEDIUM

A Louisiana sponsoring broker reviews a dual agent knows a seller bottom-line price or buyer top price. Which answer follows Louisiana law?

MEDIUM

A Louisiana salesperson asks about a licensee representing a client receives offers. What is the best answer?

MEDIUM

In Louisiana, a licensee acts as a dual agent. Which statement is correct?

MEDIUM

A Louisiana salesperson asks about false information given to a customer came from the licensee client or client agent and the licensee lacked actual knowledge it was false. What is the best answer?

MEDIUM

+ 11 more questions

Agency_disclosure_form_requirements(11)

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 written agency disclosure. 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 written agency disclosure are correct EXCEPT:

HARD

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

MEDIUM

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 written agency disclosure listing his role as 'salesperson.' Which of the following is true under Indiana law?

HARD

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

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 written agency disclosure to a prospective buyer or seller?

EASY

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 written agency disclosure?

MEDIUM

Tom is a licensed Indiana broker working under Managing Broker Linda. Tom shows a home to a buyer client and provides the Indiana written agency disclosure. The buyer signs the form. Under Indiana law, who is responsible for retaining the signed disclosure form?

EASY

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 written agency disclosure?

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 written agency disclosure, which David signs. Later, the transaction involves a seller who is represented by Broker Paul. Paul never provided his seller client with an written agency disclosure. Under Indiana law, what is the consequence of Paul's failure?

MEDIUM

Agency_disclosure_pamphlet_and_timing(18)

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

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 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

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

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

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

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

EASY

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

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

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

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

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

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 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

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

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

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

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

Agency_disclosures_and_compensation_policy_notices(32)

In May 2026, Avery Foster plans to refer a client to a third-party service provider in which the licensee has an ownership interest. What is the most accurate answer under current Illinois rules?

HARD

In February 2026, Jordan Hayes is working with a consumer but no written agreement sets a different agency relationship. What is the most accurate answer under current Illinois rules?

MEDIUM

In November 2026, Drew Keller 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, 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

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

MEDIUM

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

EASY

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

EASY

Which answer best states the Illinois rule on written brokerage agreement as tested in agency disclosures and compensation policy notices?

HARD

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

EASY

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

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

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

Under Illinois law, when is a written brokerage agreement required?

EASY

In January 2026, Blake Lopez is reviewing Illinois rules on agency disclosures and compensation policy notices in Oak Park. Each statement below reflects the current Illinois rule EXCEPT:

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

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 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

During a brokerage meeting in Rockford, Parker Lopez asks when the dual-agency disclosure form must be presented to a client. What is the best answer under current Illinois law or practice?

MEDIUM

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

Which answer best states the Illinois rule on third party compensation and referral as tested in agency disclosures and compensation policy notices?

MEDIUM

+ 12 more questions

Agency_relationships_and_written_brokerage_agreements(34)

A sponsored licensee in Illinois begins working with a consumer, but no written brokerage agreement has been executed. Under the Illinois Real Estate License Act of 2000, how is that consumer classified by default?

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

EASY

Under current Illinois agency law, which of the following statements is NOT accurate?

MEDIUM

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

MEDIUM

An Illinois licensee provides limited assistance that does not create an agency relationship. Which description identifies this type of 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 the Illinois Real Estate License Act, if no written agreement establishes a different agency relationship, how is a consumer treated by default?

EASY

A licensed Illinois broker begins assisting a buyer with property searches and showings. The buyer has not signed any written brokerage agreement. Under the Illinois Real Estate License Act of 2000, which statement best describes the legal status of this relationship?

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 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 of 2000, which of the following best defines a 'ministerial act'?

HARD

Under the Illinois Real Estate License Act, which statement correctly describes the core duties a licensee owes to a represented client?

HARD

Under the Illinois Real Estate License Act of 2000, which of the following best describes a 'ministerial act' in the context of agency relationships?

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

HARD

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

MEDIUM

A brokerage office is reviewing statements about Illinois agency relationships and written brokerage agreements. Which of the following statements is NOT accurate under current Illinois law?

MEDIUM

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

MEDIUM

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

EASY

+ 14 more questions

Agency_types(46)

In Hawaii, a real estate licensee who works with a buyer but does not represent the buyer and owes no fiduciary duties to the buyer is best described as acting in which capacity?

EASY

Agent Sophia in Idaho represents seller Mr. Chen. A buyer, unrepresented by any agent, contacts Sophia directly about Mr. Chen's property. Sophia provides the IREC Agency Disclosure Brochure and explains the agency options. Which of the following actions would Sophia be permitted to take on behalf of the unrepresented buyer EXCEPT?

HARD

Agent Rivera is a Michigan licensee representing buyer Okafor under a written buyer agency agreement. While touring a home listed by a different brokerage, the listing agent mentions that the seller recently received a job offer out of state and is highly motivated to sell within 30 days. Rivera knows this information would significantly strengthen Okafor's negotiating position. Under Michigan law, what is Rivera's obligation regarding this information?

HARD

Under Hawaii law, which of the following situations would NOT require a licensee to obtain informed written consent from both parties before proceeding with the transaction?

HARD

Broker-associate Kim works at a Bentonville brokerage under designated broker Frank. Kim's client, buyer Nathan, wants to purchase a home listed by Kim's own brokerage. Frank decides to personally represent the seller while Kim continues to represent Nathan. Under Arkansas agency law, this arrangement is best classified as:

HARD

Broker Malia in Hawaii represents both the seller and the buyer in the same transaction without designating separate agents for each party. Both the seller and the buyer have provided their informed written consent to this arrangement. What type of agency relationship has Malia established?

EASY

Marcus, a licensed salesperson in Fairbanks, is showing property to a buyer named Elena. Marcus has not signed a written buyer representation agreement with Elena and has not given her an agency disclosure. Elena asks Marcus to keep her top offer price confidential. Under Alaska law, what is Marcus's most likely agency status with respect to Elena at this point?

EASY

Under Idaho law, which term describes the agency relationship in which a single brokerage firm represents both the buyer and the seller in the same real estate transaction with the written informed consent of both parties?

EASY

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

Heather is a Tennessee affiliate broker who has been showing properties to buyer clients Tom and Susan for six weeks. During this time, she has never provided them with the TREC Agency Disclosure form. Tom and Susan now want to make an offer. When Heather finally presents the disclosure form at the offer stage, Tom asks what type of agency relationship they have had for the past six weeks. Under Tennessee law, what is the most accurate characterization of the past six weeks?

HARD

Broker Linda operates a large brokerage in Billings, Montana. When an in-house transaction arises, Linda appoints agent Carlos to exclusively represent the seller and agent Diane to exclusively represent the buyer. Each agent owes full fiduciary duties only to their respective client. What type of agency arrangement has Linda established?

EASY

Agent Priya works as a buyer's agent at New Jersey Homes Realty. Her buyer client, Mr. Chen, makes an offer on a property listed by a cooperating brokerage. During negotiations, the listing agent, Frank, tells Priya that the seller has received another offer and asks Priya to confirm whether Mr. Chen can close within 30 days. Priya knows that Mr. Chen has already secured financing and can close in 21 days. Frank then asks if Mr. Chen would accept a higher purchase price in exchange for a faster closing. How should Priya respond under New Jersey agency law?

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

Broker Susan at Coastal Realty in Rhode Island is approached by both seller Mark and buyer Nina, who want Susan to represent them both in the same transaction. Susan obtains written informed consent from Mark but only verbal consent from Nina before proceeding. Under Rhode Island law, which of the following best describes this situation?

MEDIUM

Under New Mexico license law, which license category is the entry-level license that requires supervision by a Qualifying Broker and is equivalent to a salesperson license in most other states?

EASY

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

Under Maryland law, which term describes the agency relationship in which two different licensees within the same brokerage firm represent the buyer and the seller in the same transaction?

EASY

Buyer Marcus approaches listing agent Priya at an open house in Helena, Montana. Marcus tells Priya he is not working with any agent and asks her detailed questions about the seller's motivation and lowest acceptable price. Priya has not disclosed her agency status. Under Montana law, what is Priya's primary obligation at this moment?

MEDIUM

Buyer Sven signs a buyer's agency agreement with Salesperson Liko in Hawaii. Liko's brokerage does not have any listings that match Sven's criteria, so Liko shows Sven a property listed by another brokerage. The cooperating listing broker, Broker Hale, is offering a co-op commission to the buyer's broker. Sven asks Liko: 'Who is paying your commission?' Which of the following most accurately describes the agency and compensation relationship in this Hawaii transaction?

HARD

Agent Carlos works at Bayside Realty and has been showing buyer Elena homes for three weeks under a signed buyer agency agreement. Carlos finds a property listed by a different agent at Bayside Realty, agent Priya, who represents the seller. The broker at Bayside Realty wants to keep both sides of the transaction in-house. Which arrangement would allow Carlos to continue representing Elena exclusively while Priya continues representing the seller exclusively under Rhode Island law?

MEDIUM

+ 26 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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