Oregon 30-Hour Real Estate Law Practice Test

Who is considered the client in the listing agreement between Elisa and Simone?

1. Simone

2. George

3. Carl

4. The buyer

The correct answer is: Simone

In the context of a listing agreement, the client is typically the individual or party who has the legal representation and fiduciary duty under the terms of that agreement. In this scenario, Elisa is acting as a real estate agent or broker, and Simone is the individual who has entered into the listing agreement with Elisa to sell her property. This means that Simone, as the person who has contracted with the real estate agent to represent her interests in the sale of her property, is considered the client. The agent's fiduciary responsibilities, including loyalty, disclosure, confidentiality, and care, are owed to Simone. The other options—George, Carl, and the buyer—do not hold this primary role in the listing agreement context. George and Carl might be individuals associated with the transaction, but they are not the ones entering the agreement with Elisa. Meanwhile, the buyer is the individual who would purchase the property, but they do not have any legal standing in the listing agreement itself. Thus, the correct identification of the client in this situation is Simone.