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.

Practice Questions

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:

A.After the property goes under contract
B.Before or at the time of signing the listing agreement
C.Only when dual agency is contemplated
D.At the closing table

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:

A.Follow all lawful instructions given by the buyer
B.Follow the broker's instructions over the buyer's instructions
C.Always recommend the buyer make the highest possible offer
D.Follow the seller's requests regarding property showings

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:

A.Withdraw from the transaction to avoid a conflict of interest
B.Obtain the informed written consent of both parties before proceeding as a dual agent
C.Represent only the party who hired them first
D.Automatically become a transaction broker

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:

A.File annual tax returns on behalf of the client
B.Accurately report and account for all client funds and property entrusted to the agent
C.Audit the seller's financial statements before listing
D.Maintain the client's bank accounts

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:

A.Only if the offer meets the asking price
B.Only written offers signed by the buyer
C.Promptly, regardless of the offer price or terms
D.Only after the inspection contingency period has passed

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:

A.Represents the buyer exclusively
B.Works for the buyer's broker as an assistant
C.Works for and on behalf of the listing broker to help sell the property
D.Has no agency relationship with any party

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?

A.When the buyer views a property
B.When the buyer signs a written buyer agency agreement
C.When the agent first speaks to the buyer on the phone
D.When the buyer makes an offer

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?

A.Disclosure
B.Loyalty
C.Obedience
D.Accounting

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?

A.Single agency
B.Sub-agency
C.Designated agency
D.Dual 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:

A.Represents only the seller
B.Represents only the buyer
C.Serves as a dual agent
D.Has no role in the transaction

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:

A.At or before signing a listing or buyer agency agreement
B.At closing
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