Agency
In Maine, 'vicarious liability' means that a broker may be liable for the actions of their salespersons:
AOnly if the broker personally authorized the action
BIf the salesperson acted within the scope of their employment✓ Correct
CNever, as salespersons are independent contractors
DOnly if the broker received financial benefit from the transaction
Explanation
A designated broker in Maine may be vicariously liable for the acts and omissions of their affiliated salespersons when those acts occur within the scope of employment, even without the broker's knowledge or approval.
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Key Terms to Know
Agency
A legal relationship in which a licensee (agent) acts on behalf of a principal (buyer or seller) in a real estate transaction.
Dual AgencyA situation where a single real estate agent or brokerage represents both the buyer and the seller in the same transaction.
Fiduciary DutyThe highest legal duty an agent owes to a principal — requiring the agent to act in the principal's best interest above all others.
Listing AgreementA contract between a property owner and a real estate broker that authorizes the broker to market and sell the property.
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