Agency

An Oregon buyer's agent receives a higher commission from the seller if the buyer uses the seller's preferred lender. What issue does this raise?

ANo issue — buyer's agents are entitled to whatever commissions sellers offer
BA conflict of interest that must be disclosed to the buyer; may violate RESPA if structured as an illegal referral fee✓ Correct
CA violation of Oregon's antitrust laws
DAn automatic dual agency situation

Explanation

When an agent receives additional compensation contingent on the buyer using a specific service provider (lender, title company), it creates a conflict of interest that must be disclosed. RESPA prohibits illegal referral fees in connection with federally-related mortgage loans.

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