Sales Associate Dana in Tulsa represents seller Bob under a listing agreement. During negotiations, buyer's agent Carol asks Dana whether Bob would accept $10,000 less than the asking price. Bob has privately told Dana he would accept up to $15,000 below asking. Dana is also aware that Bob must sell quickly due to a job relocation. How should Dana respond to Carol's question under Oklahoma agency law?

Correct Answer

A) Dana must decline to answer Carol's question and protect Bob's confidential negotiating information.

As Bob's listing agent, Dana owes Bob the fiduciary duty of confidentiality. Bob's willingness to accept less than the asking price and his urgency to sell are quintessential examples of confidential client information. Under Oklahoma agency law, Dana must refuse to disclose this information to Carol (the buyer's agent). Disclosing Bob's bottom line or personal motivations would be a direct breach of Dana's fiduciary duty to her client.