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Laws Of Agency Fiduciary DutiesDual_agencyMEDIUM

In a California residential transaction, a dual agent learns that the buyer is willing to pay up to $550,000 for the property, which is listed at $525,000. The seller has privately told the agent he would accept $510,000. What should the dual agent do with this confidential pricing information?

Correct Answer

B) Refrain from disclosing either party's confidential pricing information to the other without express permission

Under California Civil Code §2079.21, a dual agent shall not disclose to the buyer that the seller is willing to sell at a price less than the listing price, nor shall the dual agent disclose to the seller that the buyer is willing to pay a price greater than the offered price, without the express written consent of the party whose information would be disclosed.

Answer Options
A
Disclose the seller's minimum price to the buyer to facilitate a fair transaction
B
Refrain from disclosing either party's confidential pricing information to the other without express permission
C
Disclose the buyer's maximum price to the seller to help negotiate the best deal
D
Disclose both parties' price limits simultaneously so neither party is at a disadvantage

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Related Topics & Key Terms

Key Terms:

dual_agencyconfidentialitypricing_informationCivil_Code_2079.21

Related Concepts

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

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