Oregon broker Samantha is acting as a disclosed limited agent for both seller Grant and buyer Teresa in the same transaction, with written consent from both parties. During negotiations, Teresa asks Samantha, 'What do you think I should offer to make sure Grant accepts?' Under Oregon law, how should Samantha respond?
Correct Answer
A) Samantha should provide Teresa with a comparative market analysis and factual market data but cannot advise Teresa on negotiating strategy against Grant
Under ORS 696.840, a disclosed limited agent may provide factual information and market data to both parties but cannot advocate for either party's negotiating position against the other. Samantha can share a comparative market analysis (CMA) and objective market data to help Teresa make an informed decision, but she cannot use her knowledge of Grant's confidential information to advise Teresa on how to structure an offer to 'make sure Grant accepts.' This distinction between factual assistance and strategic advocacy is central to disclosed limited agency.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.
An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.
The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.
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