AgencyIntermediateDelaware Exam

A Delaware broker represents both the seller and the buyer in the same transaction. The broker must:

AWithdraw from the transaction to avoid a conflict of interest
BObtain the informed written consent of both parties before proceeding as a dual agentCorrect
CRepresent only the party who hired them first
DAutomatically become a transaction broker

Why Obtain the informed written consent of both parties before proceeding as a dual agent Is Correct

Answer B: Obtain the informed written consent of both parties before proceeding as a dual agent

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.

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.

Key Agency Terms in This Question

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