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AgencyFiduciary_dutiesMEDIUM

New Jersey salesperson Carla represents buyer Mr. Patel as his buyer's agent. During the transaction, all of the following would be breaches of Carla's fiduciary duty to Mr. Patel EXCEPT:

Correct Answer

A) Informing Mr. Patel that the property is located in a FEMA-designated flood zone

Informing Mr. Patel that the property is in a FEMA-designated flood zone is exactly what Carla should do — it is a fulfillment of her fiduciary duty of disclosure, not a breach. A flood zone designation is a material fact that affects the property's insurability, cost of ownership, and the buyer's decision to purchase. Disclosing this to Mr. Patel is a proper and required act of a buyer's agent.

Answer Options
A
Informing Mr. Patel that the property is located in a FEMA-designated flood zone
B
Telling the seller's agent that Mr. Patel must close within 30 days due to a lease expiration
C
Advising the seller's agent that Mr. Patel would accept a seller's concession in lieu of repairs
D
Failing to disclose to Mr. Patel that the seller has received a prior offer that fell through

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesdisclosureconfidentialitybuyer_agentreverse_questionmaterial_facts

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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