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Agent Priya is a seller's agent for a home in St. Paul, Minnesota. The seller tells Priya in confidence that he is willing to accept $410,000, though the listing price is $435,000. A buyer submits an offer of $415,000. Under Minnesota law, what should Priya do?

Correct Answer

B) Priya should present the $415,000 offer to the seller and maintain the confidentiality of the seller's minimum acceptable price

Under Minn. Stat. Ch. 82, a seller's agent owes the fiduciary duties of confidentiality and loyalty to the seller, as well as the duty to present all offers. Priya must present the $415,000 offer to the seller promptly and must not disclose the seller's confidential minimum acceptable price ($410,000) to the buyer or any other party. The seller's bottom line is confidential information protected by the fiduciary relationship.

Answer Options
A
Priya should inform the buyer that the seller will accept $410,000 to facilitate a quick closing
B
Priya should present the $415,000 offer to the seller and maintain the confidentiality of the seller's minimum acceptable price
C
Priya should counter the buyer at $435,000 without presenting the $415,000 offer to the seller
D
Priya should disclose the seller's minimum price to the buyer to avoid any appearance of misrepresentation

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesconfidentialitysellers_agentpresent_all_offersloyalty

Related Concepts

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

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

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