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AgencyAgency_types_seller_buyer_dual_designatedMEDIUM

Associate broker Nina in Portland, Maine is showing a property to buyer clients Greg and Susan. During the showing, Greg privately tells Nina that they are willing to pay up to $450,000 even though they plan to offer $415,000. Later, the seller asks Nina directly what the buyers' maximum budget is. What must Nina do under Maine buyer agency law?

Correct Answer

C) Refuse to disclose the buyers' maximum budget, as it is confidential client information

As Greg and Susan's buyer's agent, Nina owes them fiduciary duties including confidentiality. The buyers' maximum willingness to pay is a prime example of confidential negotiating information that must be protected. Disclosing this to the seller would directly harm the buyers' negotiating position and would constitute a breach of Nina's duty of loyalty and confidentiality under Maine's Real Estate Brokerage Act.

Answer Options
A
Disclose the $450,000 figure because agents must be honest with all parties in a transaction
B
Disclose the $450,000 figure only if the seller agrees to pay a higher commission
C
Refuse to disclose the buyers' maximum budget, as it is confidential client information
D
Suggest the seller submit a counteroffer at $450,000 without revealing the source of that figure

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Related Topics & Key Terms

Key Terms:

buyer_agencyconfidentialityfiduciary_dutiesnegotiationmaine_specific

Related Concepts

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.

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.

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