1. A licensee never signs a buyer agreement but repeatedly gives a buyer negotiating advice and acts on his behalf. An agency relationship may have been created by:
Answer & explanation
Answer: A. Implied agency arises from conduct; the agent then owes full fiduciary duties. Express agency is created by stated agreement, ideally in writing.
2. Which duty does a seller's agent owe to a buyer who is a customer, not a client?
Answer & explanation
Answer: D. Customers are owed HARD duties - Honesty, Accounting, Reasonable skill and care, and Disclosure of material facts - but not loyalty, obedience or confidentiality.
3. At an open house, a buyer begins telling the listing agent the most he could pay. The agent should first:
Answer & explanation
Answer: B. Agents must disclose up front whom they represent so customers don't mistakenly share confidential information - anything the agent learns must be shared with the client.
4. Which item must every Kansas agency agreement contain?
Answer & explanation
Answer: D. 58-30,103 requires a fixed expiration date, and K.A.R. 86-3-8 bars automatic extension. Agreements also may not make the broker the client's attorney-in-fact.
5. Which fiduciary duty continues even after the agency relationship has ended?
Answer & explanation
Answer: D. Most fiduciary duties end with the agency, but the agent must continue to keep the former client's confidential information private.
6. A buyer's agent's brother owns a home that fits the buyer's needs. Before showing it, the agent must:
Answer & explanation
Answer: B. Any personal or financial interest of the agent or family must be disclosed up front so the client can make an informed decision.
7. An agent tells a buyer he will show homes only if the buyer uses the agent's brother as mortgage broker. This is an illegal:
Answer & explanation
Answer: A. Conditioning one service on the purchase of another is a tying arrangement prohibited by antitrust law.
8. When a broker appoints one salesperson to represent the seller and another salesperson in the same office to represent the buyer, this is:
Answer & explanation
Answer: B. Designated agency assigns separate agents within one brokerage; the broker is still a dual agent and written consent is required.
9. When a firm acts as an in-house transaction broker without designated agents, the transaction broker addendum must be signed by the buyer:
Answer & explanation
Answer: A. 58-30,109(a) requires the buyer to sign before writing the offer and the seller before signing the contract. Signing after acceptance would make the consent meaningless.
10. A buyer's agent calls the listing agent to schedule a showing. When must the buyer's agent disclose the representation?
Answer & explanation
Answer: D. 58-30,110 requires disclosure at the time of initial contact with the other party's licensee, orally or in writing. Waiting for the offer is too late.
11. A seller has already accepted an offer, and another buyer submits a higher offer. The listing agent should:
Answer & explanation
Answer: D. Listing agents must present all offers through closing, but should not give legal advice about the seller's obligations under the existing contract.
12. A Kansas broker works with a buyer but has no agency agreement and has not accepted subagency. The broker is:
Answer & explanation
Answer: A. 58-30,103(c) makes the broker a transaction broker unless an agency relationship is established or subagency is accepted. Implied buyer agency is not the default.
13. Which of the following is a fiduciary duty an agent owes the principal?
Answer & explanation
Answer: A. Fiduciary duties are Confidentiality, Obedience, Accounting, Loyalty and Disclosure (COALD), plus reasonable care.
14. A seller instructs her listing agent not to show the home to buyers of a certain national origin. The agent should:
Answer & explanation
Answer: A. Obedience requires following lawful instructions only. Discriminatory instructions violate fair housing laws and must be refused.
15. Which provision may NOT be included in a Kansas agency agreement?
Answer & explanation
Answer: B. Agreements may not authorize the broker to sign or initial for the client or to act as attorney-in-fact. A confidentiality limit is a permitted, even required, term.
16. Under BRRETA, may a Kansas licensee act as a dual agent with the informed written consent of both parties?
Answer & explanation
Answer: D. 58-30,103(a) prohibits dual agency in any transaction. Kansas uses transaction brokerage or designated agency instead; consent-based dual agency is a rule from other states.
17. Which statement about dual agency is correct?
Answer & explanation
Answer: D. Dual agency creates an inherent conflict; with informed written consent, the agent provides limited representation and must keep each party's confidences.
18. A seller's agent negligently misstates a home's square footage without the seller's knowledge. Under K.S.A. 58-30,111, the seller:
Answer & explanation
Answer: B. 58-30,111(a) protects clients and customers from liability for their agent's or transaction broker's misrepresentation unless they knew of it. This reverses the common-law imputed-knowledge rule many candidates expect.
19. The client a broker represents is the:
Answer & explanation
Answer: A. The principal is the client to whom the agent owes fiduciary duties; a customer is a party the agent works with but does not represent.
20. After a Kansas agency relationship ends at closing, which duty continues unless the parties agree otherwise in writing?
Answer & explanation
Answer: A. 58-30,104 continues the duties to account for money and property and to keep confidences after termination. Other duties end.
21. An agency relationship can be terminated by all of the following EXCEPT:
Answer & explanation
Answer: A. Agency ends by performance, expiration, mutual agreement, operation of law, death or incapacity, or destruction of the property - not by the wish of an unrepresented customer.
22. Which Kansas broker duty may be satisfied by statements prepared by an escrow or title agent?
Answer & explanation
Answer: A. 58-3062(c)(2) requires closing statements to both parties with copies kept, and lets an escrow agent's statements satisfy the duty. Supervision cannot be outsourced away.
23. A designated agent's buyer client wants to see a home the broker personally listed. The broker may designate another licensee to represent the seller only if:
Answer & explanation
Answer: D. 58-30,109(b) requires the seller's written consent identifying the prospective buyer, signed before presentation of any offer. Commission approval is not part of the process.
24. An agent authorized to perform a single specific act for a principal is a:
Answer & explanation
Answer: D. A special (limited) agent has authority for a specific task, typical of a listing agent. A property manager is usually a general agent.
25. During a listing walk-through, the agent notices fresh paint on one ceiling area and a musty odor. The agent should:
Answer & explanation
Answer: C. Agents are not inspectors, but must recognize red flags (stains, odors, cracks) and disclose them for further investigation.
Sources
Source verification pending. Confirm current requirements with your state regulator.