The Role Of Agency Affected The Parties ' Legal Positions

1252 Words6 Pages
Describe how the concept of agency affected the parties’ legal positions in the case study. Did the agents help or harm their clients? Why? Possibly one of the best actions on the buyers’ part was their decision to hire a real estate agent to assist them in their home purchase. Agents generally have more experience and know all the right forms and such needed to complete a purchase, which was especially important for these first time home buyers. The only interactions between the buyers and seller were through their respective agents. Because each party had an agent, the legality of Marsha and the sellers’ agent’s contract is stressed. Assuming that the seller granted her agent permission to accept offers on her behalf, the agent violated…show more content…
That check would potentially make Jon and Marsha’s defense just a little stronger and the judge would have a clearer cut case to base their decision on. The seller’s agent did more harm than good. When Marsha contacted the seller’s agent, he/she was overjoyed and proceeded to accept Marsha’s offer to purchase Boren’s house. The agent fulfilled their duty to the principal through loyalty, and accounting. The notification duty fell short when the agent failed to alert the seller of his/her purchase acceptance made on her behalf. In this instance, obedience and performance seem to be similar duties. Not enough information is given to know whether the real estate agent was permitted to accept offers on behalf of the seller without first consulting her. If you were the judge on this case and all the parties named in the case description were party to the lawsuit, how would you resolve the case and why? Who would end up with the property and on what terms? Who would get nothing and why? Numerous pieces of evidence led me to my conclusion about the contract in question. The first item of business a judge would attend to when making a decision is to decide whether a contract is present between any of the parties, and who those parties are. The contract under examination is between buyers Jon and Marsha and the seller Boren Deal. The documents pertaining to this case include the REPC as well as Addendum No. 1 which states the seller’s terms, and Addendum No. 2, the
Open Document