RES exam question on Regulation & the CEA Framework: Salesperson Darren is selling the condominium unit he owns jointly with his wife
Salesperson Darren is selling the condominium unit he owns jointly with his wife. A buyer arrives at the first viewing with her own salesperson from another agency. Darren wonders what role he may play in the deal and what, if anything, he may earn from it. (i) He may also act for the buyer, provided she agrees to it in writing. (ii) He must declare that he is the owner as early as possible, at or before the first viewing. (iii) He may take a share of the co-broke commission from the buyer's salesperson if he declares it. (iv) He should represent only himself in the transaction. Which of the statements is/are correct?
- A(ii) only
- B(ii) and (iv) only
- C(i), (ii) and (iv) only
- D(ii), (iii) and (iv) only
Show answer & explanation
Answer
B. (ii) and (iv) only
Explanation
Answer: (ii) and (iv) only. As a party to the sale he has a direct conflict, so he declares it early, represents only himself and takes no commission.(ii) True. He must declare his interest clearly and as early as possible, for example before or at the start of the first viewing.(iv) True. A salesperson who is a party should represent only himself.Watch out: Owning the unit jointly with his wife does not change any of this.Rule: A salesperson who is a party to a transaction has a direct conflict of interest. He must declare it as early as possible, represent only himself, not act for the other party, and not take any commission or co-broke commission from the other side.Source: Estate Agents (Estate Agency Work) Regulations 2010, Code of Ethics and Professional Client Care, paragraphs 13(1) and 13(2) (current at 1 Oct 2026); CEA Professional Service Manual
Why the other options are wrong
- (i) False. The buyer's consent does not let him act for her. He must not act for the other party.
- (iii) False. Declaring does not permit taking a commission share. He must not collect any commission or co-broke commission from the buyer or her salesperson.
Study the concept behind this question: Estate Agent Licensing vs Salesperson Registration (CEA)
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