Sales Associate Wes in Enid, Oklahoma represents buyer Diane under a written buyer representation agreement. All of the following are fiduciary duties Wes owes to Diane EXCEPT:
Correct Answer
D) Disclosure — informing the seller's agent of Diane's maximum willingness to pay for the property
Wes owes Diane the fiduciary duty of confidentiality, which specifically prohibits him from disclosing her maximum willingness to pay (or any other confidential negotiating information) to the seller's agent. Disclosing this information would be a breach of fiduciary duty, not a fulfillment of one. The duty of 'disclosure' that Wes owes Diane runs toward Diane (material facts affecting her decision), not toward the opposing party.
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