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Kansas licensee David is working with buyer Angela under a written buyer agency agreement in Salina. Angela tells David she must close by a specific date due to a lease expiration and is very motivated. Under Kansas BRRETA, what is David's obligation regarding this information?

Correct Answer

B) David must keep Angela's deadline confidential because it is information that could harm Angela's negotiating position

Under BRRETA, David is Angela's buyer's agent and owes her full fiduciary duties, including the duty of confidentiality. Angela's motivation and deadline are confidential information that, if disclosed to the seller, could harm her negotiating position by revealing her urgency. David's fiduciary duty of loyalty and confidentiality requires him to protect this information from the seller.

Answer Options
A
David must disclose Angela's deadline to the seller because all material facts must be shared with all parties
B
David must keep Angela's deadline confidential because it is information that could harm Angela's negotiating position
C
David may disclose Angela's deadline only if the seller's agent asks him directly about the buyer's timeline
D
David must disclose Angela's deadline to the transaction broker overseeing the deal for proper recordkeeping

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Related Topics & Key Terms

Key Terms:

BRRETAbuyer_agencyfiduciary_dutiesconfidentialityagency_types

Related Concepts

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

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.

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