AgencyIntermediateDelaware Exam

What is a 'net listing' concern under the fiduciary duty of loyalty in Delaware?

ANet listings always ensure the agent works measurably harder, since they always earn more personally from a higher final sale price
BNet listings create a direct conflict of interest — the agent's compensation increases when the seller's net decreasesCorrect
CNet listings are encouraged as they align the agent's and seller's interests
DNet listings are exclusively used for commercial transactions in Delaware

Why Net listings create a direct conflict of interest — the agent's compensation increases when the seller's net decreases Is Correct

Answer B: Net listings create a direct conflict of interest — the agent's compensation increases when the seller's net decreases

In a net listing, the broker keeps everything above the seller's minimum net. This creates a fundamental conflict: the broker benefits by lowering the seller's net (offering a lower minimum) or by underrepresenting what the property will sell for.

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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