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Broker Teresa at Downeast Properties in Ellsworth, Maine has been representing seller Pete for six months. Before the property sells, buyer couple Ann and Bob approach Teresa and ask her to represent them in purchasing Pete's property. Teresa discloses the potential dual agency in writing, and both Pete and the buyers provide written consent. Under Maine law, which of the following duties does Teresa NOW owe to Ann and Bob that she did NOT owe them before they became her clients?

Correct Answer

A) Confidentiality of Ann and Bob's personal financial information

Before Ann and Bob became Teresa's clients, she owed them only the duties owed to customers — primarily honesty and disclosure of material property facts. Once they become clients in a dual agency relationship, Teresa owes them additional fiduciary duties, most notably confidentiality of their personal and financial information. This is a duty she did not owe them as mere customers. Note that in dual agency, the duty of exclusive loyalty is neutralized, but confidentiality of each party's information remains.

Answer Options
A
Confidentiality of Ann and Bob's personal financial information
B
Loyalty, including advocating exclusively for Ann and Bob's negotiating position
C
Disclosure of all material facts affecting the property's condition
D
Honesty about the property's known material defects

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Related Topics & Key Terms

Key Terms:

dual_agencyfiduciary_dutiesclient_vs_customerconfidentialitymaine_specific

Related Concepts

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

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