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AgencyFiduciary_dutiesHARD

New Jersey salesperson Greg represents buyer Dana. Dana tells Greg in confidence that she is willing to pay up to $520,000 for a property listed at $499,000 but wants to start with an offer of $480,000. During negotiations, the listing agent asks Greg directly: 'Is your buyer willing to go higher than $480,000?' How should Greg respond to protect his fiduciary duty to Dana?

Correct Answer

B) Decline to reveal Dana's maximum price and suggest the seller respond to the current offer or make a counteroffer

Greg's fiduciary duties of loyalty and confidentiality to Dana prohibit him from disclosing her maximum price to the listing agent or seller. Dana's willingness to pay up to $520,000 is exactly the type of confidential negotiating information that the duty of confidentiality is designed to protect. Greg should decline to answer the listing agent's question and instead redirect the negotiation by suggesting the seller respond to the current offer or submit a counteroffer. This is not deceptive — it is proper fiduciary representation.

Answer Options
A
Confirm that Dana can go higher because withholding this from the listing agent could be considered deceptive under New Jersey law
B
Decline to reveal Dana's maximum price and suggest the seller respond to the current offer or make a counteroffer
C
Reveal Dana's maximum of $520,000 only if the listing agent promises to keep it confidential from the seller
D
Tell the listing agent that Dana's maximum is somewhere between $480,000 and $520,000 without specifying the exact amount

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesconfidentialityloyaltybuyer_agentnegotiationmaximum_price

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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