Agency
Under Massachusetts law, which of the following would create an 'implied agency' relationship?
AA written buyer agency agreement
BA licensee repeatedly showing a buyer properties and providing strategic advice without a written agreement✓ Correct
CAttending an open house
DReceiving a MLS listing printout from an agent
Explanation
Implied agency can arise from conduct—when a licensee acts as if they represent someone (providing strategic advice, negotiating on their behalf) without a written agreement. This can create unintended agency obligations.
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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.
Listing AgreementA contract between a property owner and a real estate broker that authorizes the broker to market and sell the property.
Seller's Agent (Listing Agent)A real estate licensee who represents the seller's interests, markets the property, and owes fiduciary duties to the seller.
Dual AgencyA situation where a single real estate agent or brokerage represents both the buyer and the seller in the same transaction.
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