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Alabama licensee Donna is acting as a limited consensual dual agent for both buyer Frank and seller Nancy in the same transaction. All required written consents have been properly obtained. Which of the following duties does Donna still owe to BOTH parties under Alabama law? Select the answer that is NOT among Donna's continuing obligations.

Correct Answer

C) The duty to advocate exclusively for Frank's interests in all price negotiations

In a limited consensual dual agency, the duty to advocate exclusively for one party's interests is specifically curtailed. Donna cannot advocate solely for Frank's interests in price negotiations because she simultaneously owes duties to Nancy. The 'undivided loyalty' component of fiduciary duty — which would normally require Donna to push for the lowest price for Frank — is limited in dual agency. This is NOT a continuing obligation in limited consensual dual agency.

Answer Options
A
The duty to present all written offers and counteroffers in a timely manner
B
The duty to account for all money and property received in the transaction
C
The duty to advocate exclusively for Frank's interests in all price negotiations
D
The duty to disclose all known material facts that could affect either party's decision

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Related Topics & Key Terms

Key Terms:

limited_consensual_dual_agencyfiduciary_dutiesloyaltyreverse_question
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