Question

question 6 (3 points)
the listing associate, betty principi, gives the seller the sellers disclosure notice. the seller says there is really nothing to disclose, and because he broke his writing hand playing golf, he asks betty to fill out and sign the form for him. which statement is true?
although betty may explain each section of the form, she should neither mark the boxes nor sign on the sellers behalf.
because she is acting under special agency, betty has authority to fill out the form and sign on behalf of her client.
because betty is only an agent of her broker, only her broker may fill out and sign on behalf of the client.
to avoid liability, betty should limit her activity to marking the boxes under the direction of the seller, but instruct the seller to have a friend or other family member sign on his behalf.

Explanation:

In real - estate transactions, a listing associate (like Betty) has a fiduciary duty. The Seller's Disclosure Notice is the seller's responsibility. An agent can explain the form (as part of their duty to inform), but they cannot mark boxes (as that is making a representation about the property's condition, which is the seller's role) or sign on the seller's behalf (as the agent does not have the legal authority to assume the seller's signature obligation unless there is a power - of - attorney, which is not indicated here).

• Option B: Special agency (a type of real - estate agency where the agent is hired for a specific task) does not give an agent the authority to sign a disclosure form on behalf of the seller. The disclosure is about the property's condition, which is the seller's knowledge.
• Option C: While Betty is an agent of her broker, the broker also does not have the authority to sign the seller's disclosure on the seller's behalf without proper authorization (like a power - of - attorney).
• Option D: Marking the boxes is still an improper assumption of the seller's role in disclosing property conditions.

Answer:

A. Although Betty may explain each section of the form, she should neither mark the boxes nor sign on the seller’s behalf.