Broker Smith represents both the buyer and seller in a residential transaction. The seller confides that they must sell quickly due to financial hardship and would accept $20,000 less than the listing price. What should Broker Smith do?
Correct Answer
A) Keep this information confidential as it's material to the seller's negotiating position
Correct: In dual agency, confidential information that could harm a client's negotiating position must be kept confidential. Why not A: Sharing would breach fiduciary duty to the seller. Why not C: This exceeds the dual agent's role in negotiations. Why not D: Withdrawal isn't required if proper dual agency procedures are followed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.
The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.
A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.
More Az Agency Disclosures Questions
While reviewing a transaction in Navajo County, a consumer assumes dual agency exists only if the broker is paid by both parties. What is the most accurate response?
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During an Arizona file audit in Pima County, a broker plans to obtain limited-representation consent only after both parties have already relied on the broker as sole advocate. Which statement is most accurate under current Arizona rules?
- → While reviewing a transaction in Santa Cruz County, a person wants the broker to open doors and discuss properties but refuses any representation agreement or agency commitment. What is the best answer under current Arizona law or current Arizona form practice?
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- → In a Scottsdale transaction review, the listing remarks say the roof was replaced in 2024, but the broker later learns that only a patch was done. Which statement is most accurate under current Arizona rules?
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- → In a licensing seminar in Mesa, a buyer-broker agreement expires before the buyer writes an offer and the parties do not extend it. Which statement should the broker communicate?
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- → At a brokerage meeting in Tempe, Under current Arizona rules, which statement best describes termination of agency?
- → In a licensing seminar in Mesa, ocotillo Realty Group represents only the seller in a transaction and no one at the brokerage represents the buyer as a client. What should the parties assume under current Arizona rules?
- → In a licensing seminar in Tempe, cactus Peak Realty represents only the seller in a transaction and no one at the brokerage represents the buyer as a client. What is the most accurate response?
- → In a licensing seminar in Tucson, mia signed a buyer-broker agreement and asks whether the broker may still favor the listing broker's interests when advising on offer price. What is the most accurate response?
