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Paper 2 · Lesson 2 — Code of Practice, Professional Conduct and Conflicts of Interest

Related persons test

The family and corporate limbs of the related-persons / team test; deemed conflicts; spouses across agencies.

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Question 1

A husband and wife are both registered salespersons, but with two different estate agents. The husband is marketing a flat for its seller. The wife would like to act for a buyer interested in that same flat, and the couple see no problem since they work for separate firms.

Which statement is correct?

  1. A. They are not one team, being registered with two entirely separate estate agents.
  2. B. They are one team despite the different agencies, so the wife may not act for the buyer.
  3. C. They may both act, provided each discloses to their client the other's agency.
  4. D. They may both act, their marriage being a private matter outside the reach of the PSM.
Show the answer and full explanation

Answer: B

The rule. The family limb of the same-team test applies to spouses regardless of which agency each is registered with. A spouse may not represent the buyer for the other spouse's listing.

Why B is correct. Husband and wife are one team through the family limb, whatever their agencies, so the wife may not act for a buyer on the husband's listing.

The other options.

  • A relies on the different agencies. Marriage crosses agency lines.
  • C offers disclosure of the agencies as a cure. It does not escape the family limb.
  • D calls the marriage a private matter outside the PSM. The PSM's family limb reaches it.

Exam note. "Different estate agents entirely" is the decoy. Marriage is a same-team link across agencies, and it is not a private matter outside the PSM.

The family limb of the same-team test applies to spouses regardless of which agency each is registered with →

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