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Agency & Professional EthicsABHARD

An Alberta brokerage is using a designated agency model. During a transaction, the designated buyer's associate inadvertently shares their client's maximum price with the designated seller's associate within the same brokerage. What is the consequence?

Correct Answer

B) This constitutes a breach of the associate's fiduciary duty of confidentiality and could result in disciplinary action by RECA

In a designated agency arrangement, each designated associate owes fiduciary duties exclusively to their client, including confidentiality. Sharing a client's maximum purchase price with the opposing party's associate — even within the same brokerage — is a serious breach of the duty of confidentiality. This could result in RECA disciplinary proceedings and potential liability.

Answer Options
A
No consequence, as associates within the same brokerage may share all client information
B
This constitutes a breach of the associate's fiduciary duty of confidentiality and could result in disciplinary action by RECA
C
The transaction automatically becomes void
D
The brokerage must pay the buyer a penalty equal to the commission

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Key Terms

designated agencyconfidentiality breachinformation barriersfiduciary duty
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