AgencyIntermediateCalifornia Exam

The concept of 'vicarious liability' in real estate agency means that:

AThe agent is liable for the principal's personal debts, consistent with typical listing agreement terms
BThe broker can be held liable for the acts of their salespersons done within the scope of employmentCorrect
CThe buyer is liable for undisclosed defects, per standard fiduciary practice in the industry
DThe seller must indemnify the agent for all losses, under standard California agency practice

Why The broker can be held liable for the acts of their salespersons done within the scope of employment Is Correct

Answer B: The broker can be held liable for the acts of their salespersons done within the scope of employment

Vicarious liability holds the broker responsible for the acts or omissions of their employed salespersons performed within the scope of their employment. This underscores why brokers must supervise their agents.

Exam Tip: Agency

Agency questions are among the most tested on the exam. Focus on the difference between client and customer, and memorize the fiduciary duties (OLD CAR). Watch for questions that try to blur the line between a general agent and a special agent.

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