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Oh License Law Orc 4735Orc_4735HARD

Salesperson Klein represents a buyer in a residential transaction. During negotiations, Klein learns from the listing agent that the seller will accept $15,000 less than the asking price. Klein tells her buyer client the seller will not negotiate below the asking price, hoping to earn a higher commission. Under ORC Chapter 4735, what violations has Klein committed?

Correct Answer

C) Breach of fiduciary duty and misrepresentation, both of which are grounds for disciplinary action under ORC §4735.18

Klein has committed two violations under ORC §4735.18: breach of fiduciary duty to her buyer client by prioritizing her own financial interest, and misrepresentation by providing false information. Both are independent grounds for disciplinary action.

Answer Options
A
Only a breach of fiduciary duty, which is handled privately between Klein and her client
B
Only misrepresentation to the seller, not to the buyer, since the buyer is not the source of the false information
C
Breach of fiduciary duty and misrepresentation, both of which are grounds for disciplinary action under ORC §4735.18
D
No violation, because an agent is not required to disclose the other party's negotiating position

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Related Topics & Key Terms

Key Terms:

fiduciary_dutymisrepresentationbuyer_agentdisciplinary_actionORC_4735

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