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Agency Relationships DisclosuresBuyer_agent_dutiesHARD

A buyer's agent in New York learns that her client's debt-to-income ratio is 28%, while the co-op board for the property he wants to purchase typically rejects applicants with ratios above 25%. The client is otherwise pre-approved for financing. Which action best reflects the agent's fiduciary duty to her client?

Correct Answer

C) Inform the client of the board's typical approval threshold and help him evaluate his likelihood of approval before proceeding

A buyer's agent owes fiduciary duties of loyalty, disclosure, and care. This requires proactively sharing material information — including a co-op board's known approval criteria — that could affect the client's decision to pursue a property. Informing the client of the 25% threshold and helping him assess his position allows him to make an informed choice, which is the core of the agent's duty. The agent must disclose, but should not make the decision for the client.

Answer Options
A
Proceed with the application without disclosing the board's criteria, to avoid discouraging the client
B
Advise the client that co-op board criteria are unenforceable and unlikely to affect the outcome
C
Inform the client of the board's typical approval threshold and help him evaluate his likelihood of approval before proceeding
D
Refer the client to a different property immediately, since co-op board rejection is certain given his ratio

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Related Topics & Key Terms

Key Terms:

coop_board_approvalfiduciary_dutymaterial_informationdebt_to_income_ratio
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