ContractsIntermediateCalifornia Exam

Under California law, a net listing is:

AProhibited under all circumstances, per standard contingency and disclosure practice
BLegal but discouraged and subject to fiduciary duty disclosure requirementsCorrect
CRequired for commercial transactions over $1 million, under standard California purchase contract terms
DOnly permitted for broker-owned properties, as typically drafted in a residential purchase agreement

Why Legal but discouraged and subject to fiduciary duty disclosure requirements Is Correct

Answer B: Legal but discouraged and subject to fiduciary duty disclosure requirements

Net listings are legal in California but strongly discouraged by the DRE because they create a conflict of interest. The broker must disclose the actual selling price and the amount of profit made to the seller.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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