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Broker Linda is operating as a transaction broker in a Kansas residential sale. Her client, the seller Tom, asks her to keep his motivation for selling — a pending job loss — confidential. Which of the following best describes Linda's duty regarding this information under BRRETA?

Correct Answer

B) Linda may keep Tom's motivation confidential because transaction brokers are not required to disclose information that a party requests be kept confidential

Under K.S.A. 58-30,104, a transaction broker in Kansas owes limited duties to both parties. One of these duties is to keep confidential any information that a party requests be kept confidential, unless disclosure is required by law. Tom's personal motivation for selling is not a material defect or legally required disclosure, so Linda may honor his request for confidentiality.

Answer Options
A
Linda must disclose Tom's motivation to the buyer because transaction brokers owe full disclosure to both parties
B
Linda may keep Tom's motivation confidential because transaction brokers are not required to disclose information that a party requests be kept confidential
C
Linda must disclose the motivation only if the buyer asks her directly about the seller's reason for selling
D
Linda must withdraw from the transaction because holding confidential information creates an undisclosed dual agency

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Related Topics & Key Terms

Key Terms:

brretatransaction_brokerconfidentialitylimited_duties

Related Concepts

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

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