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AgencyDual_agencyHARD

Agent Carlos is working as a dual agent in a Minnesota residential transaction, representing both the seller, Priya, and the buyer, Tom, after obtaining informed written consent from both parties. Which of the following is Carlos permitted to do under Minnesota dual agency rules, EXCEPT?

Correct Answer

B) Inform Priya of the specific highest price Tom has stated he is willing to pay for the property

Under Minnesota law (Minn. Stat. Ch. 82), a dual agent owes duties to both parties simultaneously, which creates inherent limitations on what the agent may do. One of the most critical restrictions is that a dual agent may NOT disclose one party's confidential negotiating information — such as the maximum price a buyer is willing to pay — to the other party. Revealing Tom's highest acceptable price to Priya would be a breach of the dual agent's duty of confidentiality to Tom and is expressly prohibited under Minnesota dual agency rules. This is the action Carlos is NOT permitted to take.

Answer Options
A
Disclose to Tom that the property has a known material defect that Priya has already acknowledged
B
Inform Priya of the specific highest price Tom has stated he is willing to pay for the property
C
Provide both Priya and Tom with factual information about comparable sales in the neighborhood
D
Assist both parties in moving the transaction toward a successful closing by coordinating inspections and deadlines

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Related Topics & Key Terms

Key Terms:

dual_agencyconfidentialityagency_dutiesminn_stat_ch_82material_defect_disclosurereverse_question

Related Concepts

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.

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.

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