Real Estate Council of Alberta Fundamentals Practice Exam

Which type of consent is considered the most important and is given verbally or in writing?

1. Implicit consent

2. Express consent

3. Implied consent

4. Opt-out consent

The correct answer is: Express consent

Express consent is acknowledged as the most important type of consent, as it is given explicitly by a person, either verbally or in writing. This type of consent indicates a clear and mutual understanding between parties involved. In real estate transactions, obtaining express consent is vital because it ensures that clients are fully informed about the nature of the relationship and the services being provided. When individuals provide express consent, they are actively agreeing to the terms of an agreement or a transaction, which helps protect both parties under legal contexts. This type of consent is particularly critical in scenarios involving personal information, where laws may require that consent is not only informed but also unequivocal. The other types of consent, while also important in specific contexts, do not carry the same level of clarity and certainty. Implicit and implied consents rely on context or non-verbal cues, which can lead to misunderstandings. Opt-out consent often places the responsibility on individuals to refuse consent rather than requiring a direct affirmation, which can be less proactive in protecting one's rights. Therefore, express consent is distinguished for its clarity and explicit confirmation of agreement.