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Agency & Professional EthicsDual Agency RulesMEDIUM

In a dual agency situation, what is the agent's primary obligation?

Correct Answer

A) To maintain both parties' confidentiality while facilitating the transaction

In dual agency, the agent must maintain strict confidentiality for both parties and facilitate the transaction fairly without advocating for either side. The agent cannot provide the full fiduciary duties to either party but must treat both with fairness and honesty.

Answer Options
A
To maintain both parties' confidentiality while facilitating the transaction
B
To favor the party paying the higher commission
C
To advocate strongly for the seller's position
D
To recommend that both parties seek separate representation

Why This Is the Correct Answer

Option A correctly identifies the dual agent's primary obligation under Canadian real estate law. In dual agency, the agent must maintain strict confidentiality for both parties while facilitating the transaction neutrally. This is mandated by provincial regulations including TRESA in Ontario and similar legislation in other provinces. The agent cannot breach confidentiality or favor either party, but must ensure the transaction proceeds fairly and transparently while protecting sensitive information from both sides.

Why the Other Options Are Wrong

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Key Terms

dual agencyconfidentialityneutralityfacilitationfiduciary duties
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