Agency
⏱ ~3-min readAceMark GuideWhat this topic is really about
Dual agency is established when a single broker represents both the buyer and the seller in the same real estate transaction, requiring consent from both parties. Having two agents represent a single buyer is incorrect, as that does not create a dual agency relationship with the seller.
While a seller's agent owes fiduciary duties like loyalty and confidentiality strictly to their client, they still owe third-party buyers the duty of honest and fair dealing. This requires the agent to disclose all known material facts about the property without misleading the buyer.
See the mechanism
While a seller's agent owes fiduciary duties like loyalty and confidentiality strictly to their client, they still owe third-party buyers the duty of honest and fair dealing. A diagram for this topic isn't available yet — the worked example below walks the same reasoning step by step.
An exam-style question, fully explained
A real estate agent who represents the seller owes which duty to the buyer?
- Identify what the question tests: A real estate agent who represents the seller owes which duty to the buyer.
- While a seller's agent owes fiduciary duties like loyalty and confidentiality strictly to their client, they still owe third-party buyers the duty of honest and fair dealing.
- This requires the agent to disclose all known material facts about the property without misleading the buyer.
Traps the examiner sets
- Having two agents represent a single buyer is incorrect, as that does not create a dual agency relationship with the seller.
- Option A is incorrect because simply listing a property does not guarantee that the listing agent was the direct cause of procuring the ultimate buyer.
Test your recall
Answer each from memory — you'll see instantly whether you're right and why.
Run a focused 10-question mini-mock on Agency and see it stick.
Practice more of this topic →