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AgencyFiduciary_dutiesHARD

Colorado broker associate Olivia is working as a transaction broker assisting both the buyer and seller in a residential sale in Colorado Springs. Under Colorado's transaction brokerage statute, which of the following duties does Olivia owe to BOTH parties that she would NOT owe if she were acting as a single agent for one party?

Correct Answer

D) Placing one party's interests above the other party's interests

Placing one party's interests above the other's is something a transaction broker does NOT do — it is precisely the opposite of the transaction brokerage role. A transaction broker in Colorado assists both parties without advocating for either, meaning Olivia cannot place one party's interests above the other's. This is a duty she would owe if she were a single agent (loyalty to one client), but it is explicitly excluded from the transaction brokerage relationship. The question asks what she would NOT owe as a transaction broker that she would owe as a single agent — and that is the duty of one-sided loyalty.

Answer Options
A
Presenting all offers and counteroffers in a timely manner
B
Disclosing known adverse material facts about the property
C
Maintaining the confidentiality of each party's motivations and negotiating position
D
Placing one party's interests above the other party's interests

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiestransaction_brokerageloyaltyreverse_questionagency_comparison

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.

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