RES exam question on Contract & Agency Law: A salesperson is the listing agent for a seller
A salesperson is the listing agent for a seller. The prospective buyer asks the same salesperson to also represent him in negotiating the price down. Consider: (i) Acting for both buyer and seller in the same transaction is a conflict of interest. (ii) CEA practice rules restrict a salesperson from representing both parties in the same transaction. (iii) A salesperson must disclose any conflict of interest to their client. (iv) Written consent from both parties fully permits dual representation in every case. Which statements are correct?
- A(ii) only
- B(i) only
- C(i), (iii) and (iv) only
- D(i), (ii) and (iii) only
Show answer & explanation
Answer
D. (i), (ii) and (iii) only
Explanation
Rule: dual representation in the same transaction is a conflict of interest restricted under CEA's practice rules; conflicts must be disclosed. Application: (i)–(iii) correct.
Why the other options are wrong
- (iv) is the trap — it is over-absolute; consent does not licence prohibited conflicted conduct in every case.
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