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Agency Relationships DisclosuresDual_agency_nyHARD

Tom is a dual agent in New York representing both parties in a $800,000 transaction. After the home inspection, the buyer wants to negotiate a $15,000 credit for repairs. The seller privately tells Tom they would agree to $12,000 but asks him not to tell the buyer. The buyer then asks Tom what he thinks the seller might accept. What should Tom do?

Correct Answer

C) Advise the buyer to submit their repair request and let the seller respond

The dual agent must facilitate the negotiation process without sharing confidential information or providing strategic advice. Advising the buyer to submit their request and await the seller's response maintains neutrality and confidentiality while allowing the negotiation to proceed.

Answer Options
A
Tell the buyer the seller would likely accept $12,000 since it's close to their request
B
Suggest the buyer start negotiations at $10,000 to leave room for compromise
C
Advise the buyer to submit their repair request and let the seller respond
D
Recommend both parties hire separate agents to handle the repair negotiations

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Related Topics & Key Terms

Key Terms:

dual_agencyrepair_negotiationsconfidentialityneutrality

Related Concepts

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.

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.

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