A couple wishes to list a country estate with a licensee. The licensee feels this property should be shown by open house. The couple refuses to allow this exposure. The couple wants only printed advertisements in a national publication. Can the licensee accept such a listing?
Yes, because the licensee must obey the lawful instructions of a principal.
The licensee is required to adhere to the lawful instructions given by the couple, who are the property owners. As the principals in this situation, their wishes regarding the marketing of the property must be respected, even if it conflicts with the licensee's personal preferences or opinions.
This choice correctly identifies the fundamental principle of agency law, which dictates that a licensee must follow the lawful instructions of their clients. The couple has expressed a clear preference for how they want their property marketed, and the licensee is obligated to comply with their wishes regarding advertising and showings.
This choice is incorrect because local zoning regulations do not typically restrict open houses based solely on the size of the property. The couple's refusal is based on their personal preference, not zoning laws, making this option irrelevant to the situation.
This choice is also incorrect as state license laws do not generally prohibit accepting listings that involve national advertising. The couple's request for national advertisement does not violate any licensing laws; hence this answer does not apply.
This option misrepresents the nature of the agency relationship. While a listing agreement does create a special agency, it does not give the licensee the authority to override the client's explicit instructions regarding advertising and showing preferences.
In summary, the licensee must follow the couple's lawful instructions regarding the listing of their estate. The couple's preference for printed advertisements over an open house must be honored, as agency law mandates that the client's wishes take precedence in the marketing of their property. By adhering to these instructions, the licensee ensures compliance with their professional obligations while respecting the couple's decisions.
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