California Real Estate Practice Exam

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Which exists between Broker A and Seller B when Broker A agrees to represent Seller B in the sale of her house for a commission?

  1. A bilateral express contract

  2. An implied agreement

  3. A unilateral contract

  4. A non-disclosure agreement

The correct answer is: A bilateral express contract

A bilateral express contract exists between Broker A and Seller B when Broker A agrees to represent Seller B in the sale of her house for a commission. This means that both parties have explicitly agreed to the terms and conditions of the contract, which includes the representation of Seller B for the sale of her house and the payment of a commission to Broker A. Option B, an implied agreement, is incorrect because an implied agreement is based on the conduct of the parties involved, and in this scenario, there is a clear and explicit agreement. Option C, a unilateral contract, is incorrect because a unilateral contract is a one-sided agreement where only one party makes a promise, in this case, Broker A, but Seller B has not agreed to anything. Option D, a non-disclosure agreement, is incorrect because a non-disclosure agreement is a legal contract that requires one or more parties to keep

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