What document serves as proof of a salesperson's representation of a client?

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A written agreement serves as the most reliable and authoritative proof of a salesperson's representation of a client. This document outlines the terms of the relationship between the salesperson and the client, including essential details such as the scope of representation, duties owed, and any specific agreements made. Written agreements provide clarity and prevent misunderstandings, as they memorialize the intentions of both parties in a formalized manner.

In real estate transactions, a written agreement is vital not only for legal reasons but also for compliance with state laws and regulations. Many jurisdictions, including Delaware, require certain contracts to be in writing to be enforceable, which underscores the importance of documented agreements in professional practice.

Other forms of representation, like handshake agreements, verbal confirmations, or text messages, may lack the legal enforceability and clarity needed in a professional context. They can lead to ambiguity and disputes about the terms and conditions of the agreement, which can complicate the relationship between the salesperson and the client. Therefore, relying on a well-drafted written agreement is crucial in establishing a clear, binding, and transparent representation.

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