EstatePass
AgencyDisclosure_requirementsHARD

Agent Petra represents buyer client Hank in Minnesota. During a showing of a property listed by a different brokerage, Petra notices that the seller's listing agent, Greg, is also present. Greg approaches Petra and whispers that the seller is going through a divorce and is highly motivated to sell quickly at any price. Greg says he is sharing this to 'help everyone get a deal done.' Under Minnesota law, what is Petra's most appropriate course of action?

Correct Answer

C) Petra may use the information to advise Hank in formulating a competitive offer, as her duty of loyalty runs to Hank and she is permitted to use information that benefits her client

Petra's fiduciary duty of loyalty runs to her client, Hank. Under Minnesota law, a buyer's agent is obligated to use information that benefits the buyer in negotiations. The fact that Greg may have improperly disclosed the seller's personal situation does not prohibit Petra from using that information on Hank's behalf. Greg may have violated his own fiduciary duty to the seller, but Petra's obligation is to her client. She should advise Hank that the seller appears highly motivated and help him formulate a strategic offer. The ethical violation, if any, belongs to Greg — not Petra.

Answer Options
A
Petra must immediately report Greg to the Minnesota Department of Commerce for disclosing confidential seller information
B
Petra should ignore the information entirely and instruct Hank to make a full-price offer to avoid any ethical complications
C
Petra may use the information to advise Hank in formulating a competitive offer, as her duty of loyalty runs to Hank and she is permitted to use information that benefits her client
D
Petra must disclose to Hank that she received information from Greg but must decline to use it in negotiations because using improperly disclosed information violates Minnesota agency law

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Related Topics & Key Terms

Key Terms:

buyer_agentfiduciary_dutyloyaltyconfidentiality_breachexpert_trapnegotiation

Related Concepts

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

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.

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