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AgencyFiduciary_dutiesMEDIUM

Jennifer is a Maryland licensee who represents seller Tom. A buyer's agent submits an offer with a financing contingency. Jennifer knows from a conversation with Tom that he is in financial distress and must sell within 30 days or face foreclosure. The buyer's agent asks Jennifer if the seller has any urgency to sell. Under Maryland fiduciary duty law, how should Jennifer respond?

Correct Answer

B) Decline to reveal Tom's financial situation and refer the buyer's agent to the listing terms

Under Maryland agency law, Jennifer owes Tom a fiduciary duty of confidentiality. Tom's financial distress and foreclosure timeline are confidential client information that could severely harm Tom's negotiating position if disclosed. Jennifer must protect this information and may redirect the buyer's agent to the publicly available listing terms without revealing the underlying motivation to sell quickly.

Answer Options
A
Confirm the seller's urgency to help facilitate a faster transaction for all parties
B
Decline to reveal Tom's financial situation and refer the buyer's agent to the listing terms
C
Disclose the foreclosure timeline because it is a material fact affecting the property
D
Tell the buyer's agent to submit their highest and best offer without further comment

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesconfidentialitysellers_agentloyaltymaterial_facts

Related Concepts

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

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