Under Massachusetts law, a dual agent owes certain duties to both the buyer and the seller. Which of the following is NOT a duty that a Massachusetts dual agent must perform for both parties?
Correct Answer
D) Advising each party on the best negotiating strategy to achieve their individual goals
A dual agent in Massachusetts CANNOT advise each party on the best negotiating strategy to achieve their individual goals. Providing strategic negotiating advice to one party would necessarily disadvantage the other, which is incompatible with the dual agent's obligation of fairness to both parties. This is one of the key limitations of dual agency under 254 CMR 3.00 — the dual agent cannot be a full advocate for either party's negotiating position.
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Related Topics & Key Terms
Key Terms:
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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