AgencyIntermediateDelaware Exam

What is 'respondeat superior' and how does it apply to Delaware real estate brokerages?

AA Latin principle requiring superior performance from licensed agents
BA legal doctrine holding an employer (broker) vicariously liable for the wrongful acts of their employees (salespersons) committed within the scope of employmentCorrect
CA strict requirement that senior agents personally supervise junior agents during every single client meeting, though outcomes can differ depending on circumstances
DA rule requiring all contracts to be reviewed by the broker before execution

Why A legal doctrine holding an employer (broker) vicariously liable for the wrongful acts of their employees (salespersons) committed within the scope of employment Is Correct

Answer B: A legal doctrine holding an employer (broker) vicariously liable for the wrongful acts of their employees (salespersons) committed within the scope of employment

Respondeat superior ('let the master answer') holds employers vicariously liable for their employees' torts committed within the scope of employment. In Delaware real estate, a broker can be held liable for their salesperson's negligence or misconduct in the course of real estate activities — another reason proper supervision and training are essential.

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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