Wisconsin Real Estate Sales Practice Exam

How can a client waive the broker's duty of negotiation?

1. Oral agreement

2. Express written waiver

3. Implied consent

4. Verbal confirmation

The correct answer is: Express written waiver

A client can waive the broker's duty of negotiation through an express written waiver. This is important because a written waiver provides clear, concrete evidence of the client's intention to relinquish the broker's duty, ensuring that both parties understand and agree to the specific terms of the waiver. While oral agreements and verbal confirmations may appear to establish understanding, they lack the same level of legal enforceability as written documents, which can lead to misunderstandings and disputes. Implied consent also does not explicitly articulate the intention to waive the broker's duty and can sometimes be ambiguous in interpretation. In real estate transactions, clarity and documentation are crucial for protecting all parties involved. Hence, an express written waiver serves as a definitive record that clearly outlines the client's decision regarding the broker's role in negotiations.