Agent Victor in Helena, Montana represents seller Ann under a listing agreement. The following week, buyer Chris contacts Victor and asks him to represent Chris in purchasing Ann's property. Victor obtains written consent from both Ann and Chris to proceed as a dual agent. Under Montana dual agency, Victor is permitted to do all of the following EXCEPT:
Correct Answer
C) Inform Chris of Ann's confidential minimum acceptable sale price without Ann's permission
Under Montana law, even with written dual agency consent from both parties, a dual agent may NOT disclose one party's confidential information to the other party without that party's permission. Ann's minimum acceptable sale price is confidential negotiating information. Disclosing it to Chris without Ann's explicit permission would be a breach of Victor's duty of confidentiality to Ann, which survives even in a dual agency relationship. This is a critical limitation of dual agency under MCA Title 37, Chapter 51.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.
The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.
A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.
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