24. A licensee discloses to a prospective buyer that she is a subagent of the listing broker. The buyer wants to submit an offer, but refuses to sign a written confirmation of the disclosure. What should the licensee do in this situation?
Answer: A
Provide a written statement of facts of the buyer's refusal to her broker.
In this situation, the licensee should provide a written statement of facts regarding the buyer's refusal to sign a written confirmation of the disclosure to her broker. This ensures that there is a record of the buyer's decision and maintains transparency in the transaction.
A) Provide a written statement of facts of the buyer's refusal to her broker.
This option is correct as it aligns with the ethical and legal obligations of the licensee. Documenting the buyer's refusal protects the licensee and her broker by providing a clear account of the situation, which can be useful for future reference or in case of disputes.
B) Tell the buyer she is legally prevented from showing him properties.
This option is incorrect because the licensee cannot deny showing properties based solely on the buyer's refusal to sign a written confirmation. The licensee has already disclosed her status as a subagent, and while getting written confirmation is preferable, it is not a legal barrier to showing properties.
C) Take no further action since she has made oral disclosure.
This option is incorrect as it fails to address the buyer's refusal to sign the disclosure confirmation. Simply making an oral disclosure does not absolve the licensee of the responsibility to document the buyer's decision, which is crucial for maintaining compliance and protecting all parties involved.
D) Refer the buyer to the listing broker.
This option is also incorrect. While referring the buyer to the listing broker might seem appropriate, it does not resolve the immediate issue of the buyer's refusal to sign the disclosure. The licensee has an obligation to manage her relationship with the buyer and her broker effectively, rather than redirecting the responsibility.
Conclusion
The correct choice, A, is the most appropriate action for the licensee, as it ensures that the buyer's refusal is documented and communicated to her broker. This approach not only fulfills her legal and ethical obligations but also safeguards the integrity of the transaction, while the other options either misinterpret the obligations of the licensee or do not address the situation effectively.