A seller has instructed a licensee not to advertise the price of the seller's residence. The licensee's broker insists that every listing advertised must include the price. What must the licensee do?
Inform the seller that the broker will not advertise the property.
The licensee must prioritize the seller's instructions, which explicitly state not to advertise the price. In this scenario, the licensee should communicate to the seller that the broker's requirement conflicts with their directive, ensuring that the seller is aware of the situation.
This option correctly reflects the licensee's responsibility to uphold the seller's wishes. By informing the seller about the broker's position, the licensee maintains transparency and respects the seller's instructions, which are paramount in a fiduciary relationship.
While the licensee does have a duty to the broker, this duty is secondary to the obligation to the seller. In real estate, the seller's instructions take precedence, and the licensee must act in the seller's best interest, even if it conflicts with the broker's demands.
This option is overly drastic and does not align with professional standards. The licensee should seek to resolve the conflict by communicating with the seller rather than outright refusing to market the property. This action could lead to a breakdown in the relationship with the seller.
There is nothing inherently illegal about a seller's instructions to not advertise the price of their property. This choice misinterprets the seller's rights to dictate terms of their property listing, which are perfectly legal and should be respected by the licensee.
In real estate practice, the licensee has a fiduciary duty to the seller, which includes respecting their instructions regarding advertising. The correct approach is to inform the seller about the broker's requirement and navigate the situation accordingly. Upholding the seller's wishes is crucial in maintaining trust and integrity in the professional relationship.
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