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National · Agency & Fiduciary Duties — free study notes for the real estate licensing exam.
🤝 Agency & Fiduciary DutiesNearly every state requires licensees to disclose WHO they represent, in writing, at the first substantive contact about a specific property — not at closing, and not buried in the purchase contract. The disclosure is informational: signing it does not create agency, it just acknowledges the conversation. Substantive contact means discussing motivation, price, or terms — an open-house greeting isn't; a buyer confiding their maximum budget is. Practicing beyond disclosed status (advising a customer like a client) invites both license discipline and civil liability. When status changes mid-deal (say, to disclosed dual agency), a NEW written consent is required from everyone.
Yes. Agency & Fiduciary Duties is a scored domain on the real estate licensing exam, and this topic appears in the national portion.
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