Agency

In Oregon, a buyer visits an open house and asks the listing agent questions about the property. What agency relationship exists?

AThe listing agent now represents the buyer
BThe listing agent represents the seller; the buyer is an unrepresented customer✓ Correct
CNo agency exists until a purchase offer is made
DThe listing agent owes equal fiduciary duties to both parties

Explanation

At an open house, the listing agent represents the seller. A visitor to an open house who has not entered a buyer agency agreement is an unrepresented customer (third party), not a client. The listing agent owes the seller fiduciary duties and the buyer honest dealing — but NOT fiduciary duties. The agent must provide the Initial Agency Disclosure Pamphlet at first substantial contact.

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