Agency
In West Virginia, which of the following scenarios would create an undisclosed dual agency — a violation of license law?
AAn agent representing both buyer and seller with written consent from both
BAn agent secretly representing both buyer and seller without disclosure to either party✓ Correct
CA broker designating separate agents for buyer and seller in the same transaction
DA transaction broker facilitating a sale without representing either party
Explanation
Undisclosed dual agency — secretly representing both parties without disclosure or consent — is a serious violation of WV license law and fiduciary duty. It deprives both parties of genuine representation and constitutes fraud on both clients.
Related West Virginia Agency Questions
- In West Virginia, which type of listing gives the listing broker the right to a commission even if the owner sells the property themselves?
- In West Virginia, an agent who represents a buyer in a transaction but is paid by the seller through the MLS cooperative compensation arrangement is:
- In West Virginia, an implied agency relationship may be created by:
- A West Virginia licensee represents a seller under a listing agreement. The listing agent's primary fiduciary duties include all of the following EXCEPT:
- Under West Virginia law, a subagent is an agent of the listing broker who owes fiduciary duties to:
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- A West Virginia agent who represents both the buyer and the seller in the same transaction without informed written consent of both parties is engaging in:
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