In Louisiana, absent a written agreement to the contrary, the agent represents whom?

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Study for the Burk Baker National Test. Use flashcards and multiple choice questions with hints and explanations to prepare effectively. Get ready for your exam!

Multiple Choice

In Louisiana, absent a written agreement to the contrary, the agent represents whom?

Explanation:
In Louisiana, who the broker represents is defined by the agreement with the party who hires them. If there is no written agreement naming someone else, the agent acts for the buyer as the client. This means the broker owes fiduciary duties—loyalty, confidentiality, disclosure of known material facts, obedience to lawful instructions, and proper handling of funds—to the buyer who engaged them to find a property and negotiate terms. If a seller signs a listing agreement, then the broker’s primary duty is to the seller, and a separate buyer representation agreement would be needed for the agent to represent the buyer.

In Louisiana, who the broker represents is defined by the agreement with the party who hires them. If there is no written agreement naming someone else, the agent acts for the buyer as the client. This means the broker owes fiduciary duties—loyalty, confidentiality, disclosure of known material facts, obedience to lawful instructions, and proper handling of funds—to the buyer who engaged them to find a property and negotiate terms. If a seller signs a listing agreement, then the broker’s primary duty is to the seller, and a separate buyer representation agreement would be needed for the agent to represent the buyer.

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