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Licensee Sandra represents seller Frank on a Newton single-family home. Buyer couple Hector and Lena, represented by their own buyer's agent at a different firm, submit an offer. During the negotiation, Sandra learns that Hector and Lena are going through a divorce and are under financial pressure to close quickly. Under Massachusetts agency law, what should Sandra do with this information?

Correct Answer

A) Disclose the information to Frank because, as seller's agent, Sandra owes Frank the duty of disclosure of all relevant information

As Frank's seller's agent, Sandra owes Frank full fiduciary duties, including the duty of disclosure of all information that is material to the transaction and relevant to Frank's interests as a seller. Hector and Lena's financial pressure and motivation to close quickly is material information that could affect Frank's negotiating strategy — for example, Frank might be less willing to make concessions knowing the buyers are motivated. Sandra must disclose this information to Frank as part of her duty of loyalty and disclosure.

Answer Options
A
Disclose the information to Frank because, as seller's agent, Sandra owes Frank the duty of disclosure of all relevant information
B
Ignore the information because it is not related to the physical condition of the property
C
Disclose the information to Frank's attorney only, not directly to Frank
D
Keep the information confidential because disclosing personal information about buyers could violate Chapter 151B

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Related Topics & Key Terms

Key Terms:

seller_agencyfiduciary_dutiesduty_of_disclosureagency_typesnegotiation

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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