Section 2 & 3: Brokerage and Agency in
DE / Fair Housing in DE Exam Q&A 100%
Solved
Commercial and retail properties are subject to the same restrictions for
common law agency as one- to four-family properties. - ✔✔False
Disclosure to all unrepresented parties is required, regardless of the transaction
type. - ✔✔True
The common law agency disclosure must include specific wording. - ✔✔True
The common law agency disclosure must be provided at the first substantive
contact. - ✔✔True
Although Delaware licensees are statutory agents by default, they can also
engage in - ✔✔common law agency agreements as long as the relationship is
properly disclosed at first substantive contact to all unrepresented parties. Only
brokerages that exclusively practice single agency can engage in common law
agency agreements for one- to four- family properties, and the relationship
must be established in writing.
Someone who has agency representation with the real estate licensee -
✔✔client
Page 1 of 25
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER:
619652435. TERMS OF USE. PRIVACY STATEMENT
,Someone who uses or purchases a product or service - ✔✔consumer
Someone who's working with a real estate licensee, but who isn't represented
by him - ✔✔customer
Someone who's a party to a transaction, and the person for whom the agent
acts - ✔✔principal
Someone who acts on behalf of someone else - ✔✔agent
Someone who's in a position of trust and loyalty - ✔✔fiduciary
Someone who represents neither party in the transaction - ✔✔non-agent
We'd like to introduce Alison, a real estate licensee for a Delaware brokerage
that exclusively practices single agency and common law agency, in particular.
Alison just received a call from the Masons. They're interested in putting their
house on the market and would like to talk more with her about this process.
Alison meets with the Masons the next day and is excited about this new
prospect. She leaves them with her business card and a promise to call back in
two months when they say they'll be ready to act. In return, Alison leaves with
an unsigned agency agreement and contact information for their son, Brent,
who's ready to buy his first home.
Page 2 of 25
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER:
619652435. TERMS OF USE. PRIVACY STATEMENT
, According to common law agency, are the Masons Alison's clients? - ✔✔No.In
common law agency agreements, when there's no agency agreement in place,
the Masons aren't Alison's clients. Let's try another.
As a real estate licensee, you'll be a _______ agent - ✔✔General. As in the case
of a property manager
Special agent is - ✔✔when you represent a client in a real estate transaction
Limited agent is - ✔✔when you offer limited services
Non agent is when - ✔✔where you don't provide representation, but merely
transactional assistance.
What type of agent? Provides the responsibility to handle all dealings for a
specific piece of client property - ✔✔General agent
What type of agent? Provides limited authority to act on a client's behalf -
✔✔Special agent
What type of agent? Most real estate transactions involving a buyer and seller
deal with this type of agency - ✔✔Special agent
What type of agent? Property managers generally serve in this role -
✔✔General agent
Page 3 of 25
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER:
619652435. TERMS OF USE. PRIVACY STATEMENT
DE / Fair Housing in DE Exam Q&A 100%
Solved
Commercial and retail properties are subject to the same restrictions for
common law agency as one- to four-family properties. - ✔✔False
Disclosure to all unrepresented parties is required, regardless of the transaction
type. - ✔✔True
The common law agency disclosure must include specific wording. - ✔✔True
The common law agency disclosure must be provided at the first substantive
contact. - ✔✔True
Although Delaware licensees are statutory agents by default, they can also
engage in - ✔✔common law agency agreements as long as the relationship is
properly disclosed at first substantive contact to all unrepresented parties. Only
brokerages that exclusively practice single agency can engage in common law
agency agreements for one- to four- family properties, and the relationship
must be established in writing.
Someone who has agency representation with the real estate licensee -
✔✔client
Page 1 of 25
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER:
619652435. TERMS OF USE. PRIVACY STATEMENT
,Someone who uses or purchases a product or service - ✔✔consumer
Someone who's working with a real estate licensee, but who isn't represented
by him - ✔✔customer
Someone who's a party to a transaction, and the person for whom the agent
acts - ✔✔principal
Someone who acts on behalf of someone else - ✔✔agent
Someone who's in a position of trust and loyalty - ✔✔fiduciary
Someone who represents neither party in the transaction - ✔✔non-agent
We'd like to introduce Alison, a real estate licensee for a Delaware brokerage
that exclusively practices single agency and common law agency, in particular.
Alison just received a call from the Masons. They're interested in putting their
house on the market and would like to talk more with her about this process.
Alison meets with the Masons the next day and is excited about this new
prospect. She leaves them with her business card and a promise to call back in
two months when they say they'll be ready to act. In return, Alison leaves with
an unsigned agency agreement and contact information for their son, Brent,
who's ready to buy his first home.
Page 2 of 25
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER:
619652435. TERMS OF USE. PRIVACY STATEMENT
, According to common law agency, are the Masons Alison's clients? - ✔✔No.In
common law agency agreements, when there's no agency agreement in place,
the Masons aren't Alison's clients. Let's try another.
As a real estate licensee, you'll be a _______ agent - ✔✔General. As in the case
of a property manager
Special agent is - ✔✔when you represent a client in a real estate transaction
Limited agent is - ✔✔when you offer limited services
Non agent is when - ✔✔where you don't provide representation, but merely
transactional assistance.
What type of agent? Provides the responsibility to handle all dealings for a
specific piece of client property - ✔✔General agent
What type of agent? Provides limited authority to act on a client's behalf -
✔✔Special agent
What type of agent? Most real estate transactions involving a buyer and seller
deal with this type of agency - ✔✔Special agent
What type of agent? Property managers generally serve in this role -
✔✔General agent
Page 3 of 25
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER:
619652435. TERMS OF USE. PRIVACY STATEMENT
