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Agency Law & Fiduciary Duties

Mandatory in most states. Types of agency relationships, fiduciary duties, dual agency risks, and the consequences of agency violations.

8 Units
20 minutes per unit
Curriculum Map

What You Will Learn

Fiduciary Duties

OLD CAR: obedience, loyalty, disclosure, confidentiality, accounting, reasonable care — in practice.

Dual Agency

The risks, the disclosure requirements, and why some states have eliminated it entirely.

Case Studies

Real license discipline cases showing how agency violations lead to suspension and revocation.

All Units

1
20 minutes
Fundamentals of Agency Law in Real Estate
This unit establishes the foundational principles of agency law as applied to real estate practice, covering the essential elements of agency creation, legal authority, and the distinction between agents and other parties in real estate transactions.
  • •Define agency relationships and distinguish them from other business relationships in real estate practice
  • •Identify the essential elements required to create a valid agency relationship
  • •Explain the legal principles that govern principal-agent relationships in real estate transactions
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2
20 minutes
Types of Agency Relationships in Real Estate
This unit examines the distinct types of agency relationships available in real estate practice, including seller agency, buyer agency, dual agency, and designated agency, with emphasis on the legal requirements and practical implications of each arrangement.
  • •Compare and contrast seller agency, buyer agency, and dual agency relationships
  • •Identify the unique duties and disclosure requirements for each agency type
  • •Evaluate the advantages and risks associated with different agency arrangements
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3
20 minutes
Fiduciary Duties in Real Estate Agency
This unit provides a comprehensive examination of the six fiduciary duties—obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care—that form the foundation of the agent-client relationship in real estate practice.
  • •Identify and explain each of the six primary fiduciary duties owed by agents to principals
  • •Analyze real-world scenarios to determine whether specific actions constitute breaches of fiduciary duty
  • •Apply appropriate remedies and risk management strategies to prevent fiduciary duty violations
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4
20 minutes
Agency Disclosure Requirements and Best Practices
This unit examines the statutory and regulatory requirements for disclosing agency relationships in real estate transactions, including timing requirements, disclosure content, and documentation standards that protect both agents and consumers.
  • •Identify statutory agency disclosure requirements in real estate transactions
  • •Determine the proper timing and method for providing agency disclosures to all parties
  • •Implement best practices for documenting agency relationships and obtaining informed consent
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5
20 minutes
Dual Agency: Legal Issues and Risk Management
This unit examines the complex legal landscape of dual agency in real estate, including statutory requirements, the modified duties owed to parties, inherent conflicts of interest, and practical strategies for minimizing liability in dual agency situations.
  • •Analyze the legal and ethical challenges inherent in dual agency relationships
  • •Identify the specific disclosure and consent requirements for dual agency practice
  • •Evaluate alternatives to dual agency and implement risk management strategies
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6
20 minutes
Vicarious Liability in Real Estate Agency
This unit examines the legal doctrine of vicarious liability as it applies to real estate brokerages, including respondeat superior, scope of employment analysis, broker supervision duties, and strategies for managing liability risks in multi-agent real estate operations.
  • •Explain the doctrine of vicarious liability and its application to broker-agent relationships
  • •Identify circumstances when brokers are liable for agent actions versus when agents bear individual liability
  • •Implement risk management practices to minimize vicarious liability exposure
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7
20 minutes
Termination of Agency Relationships
This unit examines the legal principles governing termination of real estate agency relationships, including termination by performance, expiration, mutual agreement, revocation, renunciation, and operation of law, along with the commission disputes that frequently accompany early termination.
  • •Identify the various methods by which agency relationships terminate in real estate practice
  • •Analyze the rights and obligations of parties when agency relationships end before transaction completion
  • •Evaluate commission entitlement disputes arising from early termination of agency
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8
20 minutes
Agency Law Case Studies and Practical Applications
This unit examines landmark agency law cases and realistic scenarios to illustrate practical application of agency principles, including fiduciary duty violations, disclosure failures, dual agency disputes, and commission controversies, providing lessons for professional practice.
  • •Apply agency law principles to realistic scenarios involving common representation challenges
  • •Analyze judicial decisions addressing agency disputes to identify key legal reasoning and holdings
  • •Synthesize lessons from case law to develop best practices for avoiding agency liability
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Continuing education for real estate professionals. 3 credit hours (Real Estate Law). Accepted for agents and brokers.