Licensee Derek represents buyer Angela under a buyer agency agreement. During negotiations, the listing agent mentions that the seller is going through a divorce and needs to sell quickly. What is Derek's obligation regarding this information under Ohio agency law?
Correct Answer
B) Disclose it to Angela, because any information material to her negotiating position must be shared as part of his fiduciary duty
Under Ohio agency law, a buyer's agent owes fiduciary duties to the buyer, including the duty of full disclosure. Information about the seller's urgency to sell is material to Angela's negotiating position — it may affect offer price, contingencies, and timelines. Once Derek lawfully receives this information, his duty of loyalty and disclosure to Angela requires him to share it, regardless of how it was obtained.
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