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In Idaho, a buyer's agent owes fiduciary duties to the buyer. Which of the following duties would be MOST compromised if the buyer's agent were to transition into a limited dual agency role without the buyer's written consent?

Correct Answer

D) The duty of loyalty and the duty to maintain confidentiality

In a limited dual agency relationship, the agent's duty of undivided loyalty is inherently compromised because the agent owes duties to both parties simultaneously. Confidentiality is also directly affected — information the buyer shared in confidence (such as their maximum budget or motivation to buy quickly) cannot be used to benefit the seller. These two duties are the core reasons Idaho law requires written informed consent before a limited dual agency can be established.

Answer Options
A
The duty to account for all funds received
B
The duty to disclose all material facts about the property
C
The duty to present all written offers in a timely manner
D
The duty of loyalty and the duty to maintain confidentiality

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Related Topics & Key Terms

Key Terms:

fiduciary_dutieslimited_dual_agencyloyaltyconfidentiality

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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