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AgencyDisclosure_requirementsMEDIUM

Salesperson Olivia in Lansing is a buyer's agent for client Ray. During the transaction, Olivia discovers that the seller's agent, Ben, is the seller's brother-in-law. Ray asks Olivia whether she must disclose this family relationship to him. Under Michigan agency law, what is the correct answer?

Correct Answer

D) Olivia must disclose this relationship to Ray because it is a material fact that could affect the transaction and Ray's negotiating position

Under Michigan agency law, a buyer's agent owes the client a duty to disclose all material facts that could affect the client's interests or negotiating position. The fact that the seller's agent is the seller's brother-in-law is a material fact because it may indicate that the seller's agent has a personal interest in maximizing the seller's proceeds, potentially affecting negotiation dynamics. Olivia, as Ray's fiduciary, must disclose this to him.

Answer Options
A
Only Ben is required to disclose the family relationship, not Olivia
B
No disclosure is required because the relationship is between the seller and the seller's agent, not involving Ray
C
The relationship must be disclosed only if it affects the commission being paid in the transaction
D
Olivia must disclose this relationship to Ray because it is a material fact that could affect the transaction and Ray's negotiating position

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Related Topics & Key Terms

Key Terms:

material_fact_disclosurebuyer_agent_dutiesfiduciary_dutyrelationship_disclosure

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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