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Under Massachusetts designated agency rules, which of the following best describes the duties owed by a designated buyer's agent to the buyer client when the same brokerage firm also represents the seller?

Correct Answer

B) The designated buyer's agent owes full fiduciary duties to the buyer, including loyalty and confidentiality, as if no firm-level conflict existed

Under Massachusetts designated agency (254 CMR 3.00), the purpose of designated agency is precisely to allow each designated agent to owe full fiduciary duties to their respective client, even though the brokerage firm as a whole is in a dual agency position. The designated buyer's agent owes full duties — including loyalty, confidentiality, and advocacy — to the buyer, as if the firm were not also representing the seller. This is the key advantage of designated agency over traditional dual agency.

Answer Options
A
The designated buyer's agent owes reduced fiduciary duties because the firm-level dual agency limits all agents' obligations
B
The designated buyer's agent owes full fiduciary duties to the buyer, including loyalty and confidentiality, as if no firm-level conflict existed
C
The designated buyer's agent may only provide ministerial acts to the buyer and cannot advocate on the buyer's behalf
D
The designated buyer's agent must disclose all confidential information about the buyer to the broker, who may share it with the seller's agent

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Related Topics & Key Terms

Key Terms:

designated_agencyfiduciary_dutiesconfidentialityfull_representation254_CMR_3

Related Concepts

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

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

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