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Patricia, a Nevada salesperson, is showing a listed property to a prospective buyer, Kevin. Kevin asks Patricia what price the seller would accept below the listing price. Patricia represents the seller. How should Patricia respond under Nevada agency law?

Correct Answer

B) Decline to disclose the seller's minimum price, as this is confidential information Patricia owes to her client

Under NRS 645.254, a licensee representing the seller owes fiduciary duties to the seller, including the duty of confidentiality. Disclosing the seller's minimum acceptable price would be a breach of that fiduciary duty. Patricia must decline to share this information with Kevin, who is a customer (not Patricia's client), while still providing Kevin with the honest and fair treatment required under the Duties Owed form.

Answer Options
A
Disclose the seller's minimum acceptable price since Kevin is a customer, not a client
B
Decline to disclose the seller's minimum price, as this is confidential information Patricia owes to her client
C
Provide the information only if Kevin signs a non-disclosure agreement first
D
Refer Kevin to the seller directly, as Patricia cannot communicate with unrepresented buyers

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesconfidentialityseller_agencycustomer_vs_clientnrs_645_254

Related Concepts

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

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.

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