A real estate agent in Ontario is representing a buyer in multiple representation. The seller's motivation for selling was learned before the multiple representation began. Can this information be shared with the buyer client?
Correct Answer
A) No, not without the seller's written consent, however early it was learned
The seller's motivation is the seller's confidential information, and Code of Ethics s. 12 bars disclosing a client's confidential information to a third party without that client's written consent. When the information was learned makes no difference. In multiple representation the brokerage must also treat both clients objectively and impartially under O. Reg. 567/05 s. 22(5), so without the seller's written consent the information stays confidential.
Why This Is the Correct Answer
This answer is correct because Code of Ethics s. 12 protects a client's confidential information unless that client consents in writing, and nothing in the rule depends on when the information was obtained. The seller's motivation therefore cannot go to the buyer unless the seller signs a written consent. This also keeps the brokerage objective and impartial between its two clients, as s. 22(5) requires.
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An Alberta associate learns that a licensee at a competing brokerage has been making false statements about properties the associate has listed. Under the RECA Rules, what must the associate do?
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A real estate agent in Ontario is working with a buyer in a designated agency arrangement where another agent in their brokerage represents the seller. The seller's agent shares confidential information about the seller's motivation during a brokerage meeting. What should the buyer's agent do?