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Agency & Professional EthicsConflicts Of InterestHARD

A buyer's agent learns that a competing offer on the same property comes from a client of a colleague at the same brokerage. The two agents represent different buyers. What ethical obligation applies to the buyer's agent?

Correct Answer

A) Keep each buyer's offer terms confidential from the other buyer

Each buyer's offer terms are that client's confidential information, and Code of Ethics s. 12 bars disclosing them to a third party without the client's written consent; under designated representation, O. Reg. 567/05 ss. 22.0.4 and 22.0.5 also bar sharing them with other salespersons at the brokerage. If the brokerage itself represents both buyers in the trade, s. 22 adds disclosure to each buyer and each buyer's written consent. That disclosure goes to the brokerage's own clients, not to the seller.

Answer Options
A
Keep each buyer's offer terms confidential from the other buyer
B
Share offer details between the agents so both buyers can compete fairly
C
Ask one of the buyers to withdraw so the brokerage avoids any conflict
D
Combine the two offers into a single stronger proposal for the seller

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Key Terms

confidentialityCode of Ethics s. 12designated representationmultiple representationTRESA
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