A seller is trying to sell a home without a firm. A buyer's agent wants to show a buyer the seller's property. Who must disclose agency to the seller?

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In the scenario provided, the buyer's agent is the one responsible for disclosing agency to the seller. This is critical because agency disclosure ensures that all parties involved in a real estate transaction understand who is representing whom. The buyer's agent has a fiduciary duty to their buyer and must inform the seller of their role in the transaction, even if the seller is not represented by an agent.

When a buyer's agent wishes to show a property that is being sold without a listing agent, they still hold the obligation to communicate their agency relationship clearly. This helps to establish transparency in the transaction and allows the seller to understand that the buyer's agent is advocating for the buyer's interests.

In contrast, the seller does not have a licensee to disclose agency to, as they are not legally obliged to do so in this case. The listing agent's involvement is moot since there isn't one representing the seller. The buyer, while interested in the property, is not in a position to disclosure agency on behalf of the buyer's agent. Therefore, it falls directly on the buyer’s agent to fulfill this disclosure requirement.

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