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Which of the following is true regarding ministerial acts performed by the seller's broker for the buyer

A. It is not permissible for a broker engaged by a seller to show alternative properties to prospective buyers.
B. Performing ministerial acts for the buyer cannot be construed to form a brokerage engagement with the buyer.
C. Performing ministerial acts for the buyer forms a brokerage engagement with the buyer.
D. Performing ministerial acts is a violation of the brokerage engagement with the seller.

User Yurko
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1 Answer

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Final answer:

Performing ministerial acts for a buyer, such as providing basic information or assistance with paperwork, by the seller’s broker does not establish a brokerage engagement with the buyer. These basic services are non-advisory in nature and do not form a fiduciary relationship.

Step-by-step explanation:

The question concerns the real estate brokerage industry and agent responsibilities. When the seller's broker performs ministerial acts for a buyer, such as providing information about a property or assisting with paperwork, it does not create a brokerage engagement with that buyer. The correct answer is B. Performing ministerial acts for the buyer cannot be construed to form a brokerage engagement with the buyer. This is because ministerial acts are basic services that do not require the discretion or advice that would characterize a client-agent relationship.

For instance, answering questions about property specifications or setting up a property viewing are considered ministerial and do not necessarily form a fiduciary relationship. It's essential to know that while performing such acts is acceptable, the broker must always act in the best interest of their client, the seller, and must disclose to the buyer that they are working on behalf of the seller.

User Mdunkle
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