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Agency & Professional EthicsABHARD

A client instructs their Alberta real estate associate to present an offer that contains a deliberately misleading term designed to deceive the other party. Under the RECA Code of Conduct, what should the associate do?

Correct Answer

B) Refuse to present the offer and advise the client that the associate cannot participate in fraudulent or misleading conduct; if the client insists, the associate should consider terminating the relationship

Under the RECA Code of Conduct, an associate's duty of honesty and integrity overrides a client's instructions when those instructions involve fraud or misrepresentation. The associate must refuse to participate in dishonest conduct and should advise the client accordingly. If the client insists on the misleading approach, the associate should consider terminating the agency relationship.

Answer Options
A
Present the offer as instructed since the associate must follow all client instructions
B
Refuse to present the offer and advise the client that the associate cannot participate in fraudulent or misleading conduct; if the client insists, the associate should consider terminating the relationship
C
Present the offer but verbally warn the other party about the misleading term
D
Modify the misleading term without the client's knowledge

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Key Terms

duty of obediencefraudmisrepresentationhonesty over obedience
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