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Agency & Professional EthicsFiduciary DutiesMEDIUM

A real estate agent learns that their seller client is planning to divorce and must sell quickly. The agent receives a low offer. What should the agent do?

Correct Answer

A) Present the offer without disclosing the seller's personal situation

The agent must maintain client confidentiality and cannot disclose personal information about the seller's situation that could be used against them in negotiations. All offers must be presented to the client regardless of price, allowing the seller to make their own decision.

Answer Options
A
Present the offer without disclosing the seller's personal situation
B
Advise the buyer about the seller's urgency to get a better price
C
Refuse to present offers below asking price
D
Suggest the seller wait until after the divorce

Why This Is the Correct Answer

Option A correctly applies the confidentiality principle under Canadian real estate law. Agents have a fiduciary duty to maintain client confidentiality and cannot disclose personal information that could disadvantage their client in negotiations. Under TRESA and provincial regulations, all offers must be presented to the seller regardless of price, allowing the client to make their own informed decision about accepting or rejecting the offer without compromising their negotiating position.

Why the Other Options Are Wrong

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Key Terms

confidentialityfiduciary dutypresent all offersclient informationagency relationship
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