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Broker Paul at Boston Home Realty has been representing seller Chen in the sale of a single-family home listed at $650,000. A buyer, Angela, who has no representation, approaches Paul directly and wants to make an offer. Paul explains the dual agency situation and obtains written consent from both Chen and Angela. During negotiations, Angela confides to Paul that she is willing to pay up to $680,000 for the property. What must Paul do with this information?

Correct Answer

B) Paul must keep Angela's maximum price confidential and not disclose it to Chen

Under 254 CMR 3.00 and Massachusetts dual agency rules, a dual agent must protect each party's confidential information. Angela's maximum willingness to pay is confidential information that, if disclosed to Chen, would harm Angela's negotiating position. Even in a dual agency relationship with written consent, Paul cannot disclose this information to the seller. This is one of the core limitations of dual agency.

Answer Options
A
Paul must disclose Angela's maximum price to Chen, because sellers have a right to know all material facts
B
Paul must keep Angela's maximum price confidential and not disclose it to Chen
C
Paul must withdraw from representing Chen and represent only Angela in the transaction
D
Paul must disclose Angela's maximum price to Chen because the dual agency consent waives buyer confidentiality

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Related Topics & Key Terms

Key Terms:

dual_agencyconfidentialitybuyer_information254_CMR_3

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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