14. A couple wishes to list a country estate with a licensee. The licensee feels this property should be shown by open house but the couple refuses and wants only printed ads in a national publication. Can the licensee accept such a listing?
Answer: A
Yes because the licensee must obey the lawful instructions of a principal.
The licensee can accept the listing as the couple has the right to dictate how their property is marketed, including their preference for printed ads over an open house.
A) Yes because the licensee must obey the lawful instructions of a principal.
This option accurately reflects the fundamental principle of agency law, wherein the agent (licensee) is obligated to follow the lawful instructions of their principal (the couple). Since the couple has expressed their specific wishes for advertising, the licensee is bound to adhere to these instructions.
B) Yes because local zoning regulations typically prohibit showing a property this large by open house.
This option is incorrect as it introduces an assumption about local zoning regulations without providing specific evidence. The couple's refusal of an open house is based on their personal preference, not legal restrictions, making this option irrelevant to the decision.
C) No because state license laws prohibit accepting listings involving national advertising expenditures.
This statement is misleading and incorrect. There are no standard state license laws that prohibit accepting listings based on advertising expenditures. The decision regarding advertising methods should align with the client's wishes, not arbitrary restrictions.
D) No because a listing agreement creates a special agency relationship that entitles the listing licensee to make final decisions on showing and advertising.
This option misinterprets the nature of agency relationships. While a listing agreement does grant the licensee certain authority, it does not override the principal's rights to dictate how their property is marketed. The couple's preferences take precedence in this scenario.
Conclusion
The correct answer is A, as it underscores the importance of adhering to the lawful instructions of the principal in an agency relationship. Options B, C, and D fail to recognize the couple's authority and preferences regarding the marketing strategy for their property. Thus, the licensee must respect the couple's wishes to use printed advertisements exclusively.