If Suzie has not signed an agency agreement, who does the agent represent when she decides to make an offer?

If Suzie has not signed an agency agreement, who does the agent represent when she decides to make an offer?

• A. Both Suzie and the seller.
• B. No one.
• C. Suzie.
• D. The seller.

Answer: (D)

In real estate transactions, the agent's representation is typically established through a formal agency agreement. If Suzie has not signed any such agreement, the agent does not have a formal connection to her as a client. This situation places the agent in a default position of representing the seller, since the agent is likely working under a listing agreement with the seller. In many cases, real estate agents owe their fiduciary duties primarily to the seller unless an agency relationship is created with a buyer. Without an established agency agreement with Suzie, the agent’s obligations would remain with the seller alone, indicating that the agent cannot represent Suzie in any capacity. Thus, the agent's actions and advice, including making an offer, would be aligned with the interests of the seller, as they are the party to whom the agent has a contractual obligation. Hence, the answer indicating that the agent represents the seller is correct.

In real estate transactions, the agent's representation is typically established through a formal agency agreement. If Suzie has not signed any such agreement, the agent does not have a formal connection to her as a client. This situation places the agent in a default position of representing the seller, since the agent is likely working under a listing agreement with the seller.

In many cases, real estate agents owe their fiduciary duties primarily to the seller unless an agency relationship is created with a buyer. Without an established agency agreement with Suzie, the agent’s obligations would remain with the seller alone, indicating that the agent cannot represent Suzie in any capacity. Thus, the agent's actions and advice, including making an offer, would be aligned with the interests of the seller, as they are the party to whom the agent has a contractual obligation. Hence, the answer indicating that the agent represents the seller is correct.