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AgencyDisclosure_requirementsHARD

Alabama licensee Mark represents buyer Susan as a buyer's agent. During negotiations, the seller's agent reveals that the seller is going through a divorce and must sell quickly at any price. Mark shares this information with Susan, allowing her to submit a significantly lower offer. The seller later complains to AREC. Which of the following best describes Mark's conduct under Alabama Agency Law?

Correct Answer

D) Mark acted properly because buyer's agents in Alabama are obligated to share all material information with their clients

Under Alabama Agency Law (Code of Alabama §34-27-81 et seq.), a buyer's agent owes fiduciary duties to the buyer, including the duty to promote the buyer's best interests. Sharing material information — such as the seller's motivation and urgency — with the buyer is not only permissible but required as part of the agent's duty of loyalty and disclosure to the client. The seller's agent voluntarily disclosed this information, and Mark had no obligation to withhold it from Susan.

Answer Options
A
Mark violated Alabama law by sharing confidential information about the seller obtained from the seller's own agent
B
Mark violated Alabama law because buyer's agents may not use information obtained during negotiations to benefit the buyer
C
Mark acted improperly because Alabama requires buyer's agents to maintain neutrality and not advocate for the buyer's financial interests
D
Mark acted properly because buyer's agents in Alabama are obligated to share all material information with their clients

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Related Topics & Key Terms

Key Terms:

buyers_agentfiduciary_dutydisclosure_requirementsmaterial_informationloyalty
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