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Under Ohio agency law, which of the following is NOT a fiduciary duty owed by a licensee to their client?

Correct Answer

D) Ensuring the opposing party negotiates in good faith

A licensee cannot control or be held responsible for the opposing party's conduct in negotiations. Ensuring good faith from a third party is not a fiduciary duty owed to a client under Ohio agency law. The recognized fiduciary duties are loyalty, confidentiality, obedience, disclosure, accounting, and reasonable care — all of which relate to the licensee's own conduct toward their client.

Answer Options
A
Obedience to the client's lawful instructions
B
Confidentiality of the client's negotiating position
C
Accounting for all funds received on the client's behalf
D
Ensuring the opposing party negotiates in good faith

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesguarantee_prohibitedloyaltyconfidentialityreverse_questionORC_4735

Related Concepts

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

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