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AgencyDisclosure_requirementsMEDIUM

Broker Rachel is representing seller Tom in the sale of his home. During negotiations, the buyer's agent asks Rachel whether Tom has received any other offers. Tom has not given Rachel permission to disclose this information. Under New Jersey agency law, what is Rachel's obligation?

Correct Answer

C) Rachel must keep this information confidential as part of her fiduciary duty to Tom

As Tom's listing agent, Rachel owes Tom fiduciary duties, including the duty of confidentiality. Information about whether the seller has received other offers is confidential client information that could weaken the seller's negotiating position. Without Tom's authorization, Rachel is obligated to keep this information confidential and must not disclose it to the buyer or the buyer's agent.

Answer Options
A
Rachel must disclose the number of other offers because buyers have a right to this information
B
Rachel must disclose only if the competing offers are above the asking price
C
Rachel must keep this information confidential as part of her fiduciary duty to Tom
D
Rachel must disclose the information to the buyer's agent but not directly to the buyer

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Related Topics & Key Terms

Key Terms:

fiduciary_dutyconfidentialityseller_agentagency_disclosure

Related Concepts

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

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

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