The listing or sale of property for an owner who might not be competent to provide informed consent should be done with extreme caution. For example, the owner might be elderly and suffering from diagnosed dementia. In such a situation, the license holder should perhaps require that the owner’s attorney or someone with a power of attorney from the owner review the documents and provide necessary signatures on behalf of the owner. Responding to a complaint or lawsuit filed by a suspicious relative after the sale can be an unpleasant, expensive, and time-consuming experience. Being well-educated on these issues and using good judgment in your real estate brokerage activities can allow you to continue to be the “helpful” agent or broker that you want to be while still limiting the possibility of disciplinary action. - SOURCE: TREC Advisor 20160201.
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