Delaware Agency
Practice Questions & Answers (2026)
Agency law is one of the most tested subjects on the Delaware real estate exam, and it's also one of the most misunderstood. The Delaware Real Estate Commission expects licensees to understand the legal duties owed to clients vs. customers, and the specific timing of required disclosures under Delaware law. Study these questions carefully — candidates who rely on national agency frameworks and don't account for DE-specific rules are among the most common failures on the state portion.
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Delaware Agency — Practice Questions & Answers
128 questions on Agency from the Delaware real estate question bank. First 10 are free — sign up to unlock all 128.
Q1. Delaware's Seller Agent Disclosure requires that the listing agent provide the seller with written disclosure of agency:
Explanation
Delaware requires the listing agent to provide the seller with a written agency disclosure explaining the nature of the agency relationship before or at the time of signing the listing agreement.
Q2. In Delaware, a buyer's agent owes the buyer the fiduciary duty of obedience. This means the agent must:
Explanation
The duty of obedience requires the buyer's agent to follow the buyer's lawful instructions, even if the agent disagrees with those instructions. The agent cannot follow instructions that are illegal or unethical.
Q3. A Delaware broker represents both the seller and the buyer in the same transaction. The broker must:
Explanation
Dual agency in Delaware is legal but requires the full informed written consent of both the buyer and the seller before the broker can proceed to represent both parties in the same transaction.
Q4. An agent's duty of accounting requires the agent to:
Explanation
The fiduciary duty of accounting requires an agent to properly account for all money and property received on behalf of the client, maintaining accurate records and providing an accounting when requested.
Q5. Under Delaware law, the listing broker is required to present ALL offers to the seller:
Explanation
The listing broker has a duty to promptly present all offers to the seller, regardless of the offer amount or terms. Screening or withholding offers violates the seller's right to make informed decisions.
Q6. A subagent in Delaware is an agent who:
Explanation
A subagent works for and on behalf of the listing broker, assisting in selling the property. Subagents owe their fiduciary duties to the seller through the listing broker, not to the buyer.
Q7. In Delaware, when does an agency relationship with a buyer most commonly begin?
Explanation
A formal agency relationship with a buyer is typically established when the buyer signs a written buyer agency agreement, creating a contractual obligation between agent and client.
Q8. Under Delaware agency law, what duty requires an agent to place the client's interests above their own?
Explanation
The fiduciary duty of loyalty requires the agent to place the client's interests above their own personal interests and those of third parties.
Q9. A Delaware buyer's agent shows a property that is listed by the same brokerage. This creates what type of agency?
Explanation
When one brokerage represents both the seller and the buyer in the same transaction, a dual agency situation exists, requiring written consent from all parties.
Q10. In a designated agency arrangement in Delaware, two licensees from the same firm each represent one party. The broker:
Explanation
In designated agency, the broker typically serves as a dual agent while the two designated agents each represent one party exclusively, avoiding a dual agency conflict at the agent level.
Q11. The Delaware disclosure of brokerage services document must be presented to a prospective client:
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