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Laws Of Agency Fiduciary DutiesFiduciary_dutiesMEDIUM

Under California law, the duty of confidentiality requires a listing agent to keep all of the following information about the seller confidential EXCEPT:

Correct Answer

C) Known material defects in the property

Known material defects in the property are NOT protected by the duty of confidentiality. Under California Civil Code §1102 and §2079, the agent has a legal obligation to disclose known material defects to the buyer, regardless of the seller's wishes. The duty of disclosure overrides confidentiality when it comes to material property defects.

Answer Options
A
The seller's minimum acceptable price
B
The seller's motivation for selling (e.g., financial hardship)
C
Known material defects in the property
D
The seller's willingness to accept less favorable financing terms

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Related Topics & Key Terms

Key Terms:

confidentialitymaterial_defectsdisclosure_exceptionEXCEPT
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