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Laws Of Agency Fiduciary DutiesFiduciary_dutiesHARD

A California listing agent discovers that the buyer in a transaction is the agent's close family member. Under California law, what must the agent do?

Correct Answer

D) Disclose the relationship to the seller in writing because it represents a potential conflict of interest

Under California Business and Professions Code §10176 and fiduciary duty principles, the listing agent must disclose any relationship with the buyer that could create a conflict of interest. A close family relationship between the agent and the buyer is a material fact that could affect the seller's trust and decisions. Written disclosure allows the seller to make an informed decision about whether to proceed.

Answer Options
A
Nothing, because family relationships are personal and not relevant to the transaction
B
Disclose only if the seller directly asks about the agent's relationship with the buyer
C
Automatically withdraw from the listing because family transactions are prohibited
D
Disclose the relationship to the seller in writing because it represents a potential conflict of interest

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Related Topics & Key Terms

Key Terms:

conflict_of_interestfamily_relationshipdisclosurewritten_notice

Related Concepts

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

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