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Under Colorado's Brokerage Relationships in Real Estate Transactions Act, which of the following statements correctly describes the difference between a 'client' and a 'customer' in terms of fiduciary duties owed by a Colorado broker?

Correct Answer

A) A client receives full fiduciary duties including loyalty, while a customer receives only limited statutory duties such as honest dealing and disclosure of adverse material facts

Colorado's Brokerage Relationships in Real Estate Transactions Act (C.R.S. § 12-10-401 et seq.) draws a clear distinction between clients and customers. A client has entered into a brokerage relationship with a broker and is owed the full suite of fiduciary duties: loyalty, confidentiality, disclosure, obedience, reasonable care, and accounting. A customer, by contrast, has not entered into a brokerage relationship and is owed only the limited duties applicable to all parties: honest dealing and disclosure of known adverse material facts. This distinction is fundamental to Colorado agency law.

Answer Options
A
A client receives full fiduciary duties including loyalty, while a customer receives only limited statutory duties such as honest dealing and disclosure of adverse material facts
B
A client and a customer both receive identical fiduciary duties because Colorado law treats all parties to a transaction equally
C
A customer receives full fiduciary duties, while a client receives only the duty of honest dealing
D
A client receives fiduciary duties only after signing a written agency agreement, while a customer receives fiduciary duties automatically upon first contact

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesclient_vs_customerbrokerage_relationshipsagency_law

Related Concepts

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.

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

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