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Agency & Professional EthicsDuties To Clients And CustomersMEDIUM

A salesperson representing a buyer in Ontario learns, through no breach of their own duties, that the seller would accept $50,000 less than the asking price. How should the salesperson handle this information?

Correct Answer

C) Share it with the buyer client to promote the buyer's interests

Under the Code of Ethics (O. Reg. 365/22, s. 8), a registrant who represents a client must promote and protect that client's best interests. A buyer's representative owes the seller no duty of confidentiality, so lawfully learned information about the seller's bottom line should go to the buyer client. Protecting the seller's confidential information is the job of the seller's own representative.

Answer Options
A
Keep it confidential, because the information belongs to the seller
B
Hold it back from the buyer and use it only if negotiations stall
C
Share it with the buyer client to promote the buyer's interests
D
Confirm it with the listing brokerage before telling anyone at all

Why This Is the Correct Answer

Sharing the information with the buyer is correct because Code of Ethics s. 8 obliges the salesperson to promote and protect the buyer client's best interests. The salesperson has no representation agreement with the seller and owes the seller no confidentiality. Knowing that the seller will accept $50,000 less directly affects the buyer's offer strategy, so withholding it would shortchange the client the salesperson actually represents.

Why the Other Options Are Wrong

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Key Terms

best interestsbuyer representationconfidentialityCode of Ethics s. 8TRESA
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