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During an open house in Wasilla, a buyer named Kevin tells the listing agent, "I love this house and I'll pay whatever it takes to get it." The listing agent does not represent Kevin. Under Alaska law, what must the listing agent do with this information?

Correct Answer

A) Disclose the information to the seller because the listing agent's fiduciary duty runs to the seller, not to Kevin

Under Alaska agency law and 12 AAC 64.010, a listing agent owes fiduciary duties exclusively to the seller. Kevin is a customer (not a client) of the listing agent, so the listing agent has no duty of confidentiality to Kevin. Any information Kevin voluntarily discloses that is material to the transaction — including his willingness to pay the asking price or more — must be disclosed to the seller. This is a core component of the fiduciary duty of disclosure owed to the seller.

Answer Options
A
Disclose the information to the seller because the listing agent's fiduciary duty runs to the seller, not to Kevin
B
Disclose the information to the Alaska Real Estate Commission as a potential material fact
C
Refuse to relay the information to the seller to maintain neutrality as a dual agent
D
Keep the information confidential because Kevin shared it voluntarily and has a reasonable expectation of privacy

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiessellers_agencydisclosure_dutycustomer_vs_client

Related Concepts

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

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