Under Ohio law, Broker Knight discovers that former salesperson Agent Wells, who left the brokerage six months ago, has been contacting Knight's former clients and disclosing confidential negotiating strategies learned during Wells's affiliation. Under ORC Chapter 4735, does Wells have a continuing obligation?
Correct Answer
A) Yes, because the duty of confidentiality regarding information learned during the agency relationship survives the termination of the affiliation
Under ORC §4735.62, the duty of confidentiality survives the termination of the agency relationship and the salesperson's departure from the brokerage. Wells has a continuing obligation to protect confidential information learned during the affiliation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.
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