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AgencyDual_agencyMEDIUM

Licensee Rosa works for Potomac Properties and has a signed buyer representation agreement with buyer Sam. Rosa shows Sam a property listed by her colleague at the same brokerage, and Sam wants to make an offer. The broker obtains written intra-company agency consent from both Sam and the seller using the MREC-mandated form. Which duty does Rosa continue to owe exclusively to Sam under the intra-company agency arrangement?

Correct Answer

C) The duty to keep Sam's financial qualifications and maximum willingness to pay confidential from the seller

Under Maryland intra-company agency, each licensee continues to represent their respective client and owes that client a duty of confidentiality. Rosa must keep Sam's confidential information — including his financial qualifications and the maximum price he is willing to pay — from the seller and the seller's agent. This duty of confidentiality to one's own client is one of the key obligations that survives and distinguishes intra-company agency from dual agency.

Answer Options
A
The duty to disclose the seller's minimum acceptable price to Sam if Rosa becomes aware of it
B
The duty to promote Sam's best interests even if it is adverse to the seller's interests
C
The duty to keep Sam's financial qualifications and maximum willingness to pay confidential from the seller
D
The duty to advise Sam on the fair market value of the property based on comparable sales data

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Related Topics & Key Terms

Key Terms:

intra_company_agencyconfidentialityfiduciary_dutiesbuyer_representation

Related Concepts

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

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