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Under Hawaii law, a seller's agent owes certain duties to the seller as the principal. Which of the following is NOT a fiduciary duty that a seller's agent owes to the seller under Hawaii Administrative Rules Title 16, Chapter 99 and HRS Chapter 467?

Correct Answer

D) Disclosure of all material facts to the buyer on the seller's behalf

Disclosing all material facts to the buyer on the seller's behalf is NOT a fiduciary duty owed to the seller. While a seller's agent does have a duty to disclose known material facts to buyers (as a duty owed to the public and to avoid misrepresentation), this duty runs to the buyer, not to the seller as the principal. The fiduciary duties owed specifically to the seller as the principal include loyalty, obedience to lawful instructions, confidentiality, disclosure (of information relevant to the seller's interests), accounting, and reasonable care.

Answer Options
A
Loyalty to the seller's best interests
B
Obedience to the seller's lawful instructions
C
Confidentiality of the seller's personal and financial information
D
Disclosure of all material facts to the buyer on the seller's behalf

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Related Topics & Key Terms

Key Terms:

sellers_agencyfiduciary_dutiesduty_to_buyerhawaii_agency_lawreverse_question

Related Concepts

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

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