AgencyIntermediateDelaware Exam

In Delaware, which of the following would most likely terminate a listing agreement by operation of law?

AThe seller decides to take the property off the market temporarily
BThe death of the seller before an offer is acceptedCorrect
CThe buyer withdraws their offer before acceptance
DThe listing broker hires a new salesperson

Why The death of the seller before an offer is accepted Is Correct

Answer B: The death of the seller before an offer is accepted

Under common law, an agency agreement (including a listing) is terminated by operation of law upon the death or incapacity of either party. The death of the seller terminates the listing agreement.

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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