In a seller-agency relationship, the agent owes the client (seller) fiduciary duties, which include loyalty, obedience (lawful instructions), disclosure, confidentiality, accounting, and reasonable care . Practical responsibilities include advising the seller on pricing and marketing strategy, actively marketing the property, presenting offers, and negotiating in the seller’s best interests . Duties owed to buyers (customers) are limited to honesty and disclosure of material facts , not advocacy. Therefore, “Market and sell the property” reflects the seller’s agent’s core duty; negotiating for the buyer or representing the buyer would conflict with loyalty to the seller unless properly disclosed and permitted as dual agency under Maryland law.

For any contract to be legally enforceable, the parties must possess legal capacity—they must understand the nature and consequences of the agreement.

Individuals suffering from advanced Alzheimer’s disease lack contractual capacity, making the agreement void (invalid) from its inception.

The Contracts module stresses that an invalid or void contract has no legal effect because one or more essential elements—competent parties, lawful objective, consideration, mutual consent, and legal form—are missing.

Reference (Maryland Source):

– Maryland 60-Hour Principles and Practices Course, Elements of a Valid Contract section.

– Maryland Contract Law Principles, General Common Law Doctrine on Capacity.

Under Maryland law, agency relationships are determined by who the licensee represents, not by who pays the compensation.

Even though the buyer’s agent may receive payment from the listing broker via a cooperative compensation (often shared through the MLS), that payment does not make the buyer’s agent an agent of the seller.

The licensee’s fiduciary duties—loyalty, confidentiality, disclosure, obedience, reasonable care, and accounting—belong solely to the buyer, the client under the brokerage agreement.

This principle is detailed under the Maryland Agency Law section of the pre-licensing course.

Reference (Maryland Source):

– Maryland 60-Hour Principles and Practices Course, Law of Agency module.

– Business Occupations and Professions Article §17-530 through §17-534.

– COMAR 09.11.07.01 – Disclosure of Agency Relationships.

The Statute of Frauds requires that certain contracts—including those for the sale or transfer of real property—be in writing and include:

The names of the parties,

Identification of the property, and

The essential terms and conditions (such as price and contingencies).This ensures the agreement is legally enforceable in court.

A percentage lease (common in retail) typically combines a lower base rent with an additional rent component based on a percentage of gross sales above a breakpoint. Tenants accept the percentage-of-sales feature in exchange for reduced fixed/base rent , aligning occupancy cost with sales performance.

The Maryland pre-licensing course explains that the Maryland Real Estate Guaranty Fund is designed to compensate members of the public who suffer actual financial loss due to certain acts or omissions of Maryland licensees in the provision of real estate brokerage services. Claims must be based on verifiable monetary damages ; non-economic harms such as embarrassment, inconvenience, or pain and suffering are not compensable under the Fund. The course also outlines claimant eligibility and procedural requirements established in Title 17 (Real Estate Brokers) of the Maryland Business Occupations and Professions Article .

An 80/20 loan structure means the borrower finances 80% of the purchase price through a first mortgage and 20% through a second mortgage, leaving no down payment.

For a $600,000 property:

80% × $600,000 = $480,000 (first loan)

20% × $600,000 = $120,000 (second loan)Total financing = $480,000 + $120,000 = $600,000.Therefore, Carson is financing $480,000 through the first loan, corresponding to the “80%” part referenced in the question’s options.

Under the Uniform Commercial Code (UCC) Article 3 principles taught in real estate financing, a negotiable instrument (e.g., a promissory note ) must be an unconditional promise or order to pay a fixed amount of money . Thus, if it does not contain an order to pay , it must contain a promise to pay . The amount must be fixed (not “flexible”), and while signatures are required for enforceability, notarization is not a UCC requirement for negotiability.

Informed consent is a legal requirement under Maryland Agency Law when a brokerage represents both a buyer and a seller in the same real estate transaction (dual agency).

In this arrangement, the broker acts as the dual agent, while separate intra-company agents may represent each party.

The client must receive full disclosure of the potential conflicts of interest and consent in writing before dual agency can occur.

Without informed, written consent, dual agency is prohibited under Maryland Real Estate Commission (MREC) regulations.

A home inspection is a professional, non-invasive evaluation of the property’s physical condition (systems and components) to inform buyers about defects and needed repairs . It is not an appraisal (value) and doesn’t set list price; while it can reveal “red flags,” its primary purpose is to provide the buyer an accurate picture of condition to inform negotiations and contingency decisions.