EstatePass
AgencyWritten_agency_disclosure_requirementsHARD

Oregon broker Lena represents seller Victor in the sale of his Portland home. During a showing, buyer prospect Raj mentions to Lena that he loves the house and would pay up to $520,000, even though he plans to offer $480,000. Victor's asking price is $495,000. Lena has not entered into any agency agreement with Raj. Under Oregon agency law, what must Lena do with the information Raj shared?

Correct Answer

B) Disclose Raj's maximum price to Victor because Lena's fiduciary duty of loyalty to Victor requires her to share all information that benefits the seller

Under ORS 696.810, a seller's agent owes a duty of loyalty to the seller, which includes disclosing all information known to the licensee that is material to the seller's interests. Because Lena represents Victor and has no agency relationship with Raj, she is not bound by any duty of confidentiality to Raj. Raj's willingness to pay up to $520,000 is material information that directly benefits Victor in negotiations, and Lena must disclose it to her client. This illustrates why unrepresented buyers must be cautious about what they share with a seller's agent.

Answer Options
A
Keep the information confidential because Raj shared it voluntarily and has a reasonable expectation of privacy
B
Disclose Raj's maximum price to Victor because Lena's fiduciary duty of loyalty to Victor requires her to share all information that benefits the seller
C
Disclose the information only if Raj later submits an offer below the asking price of $495,000
D
Refrain from disclosing the information until Lena provides Raj with the Initial Agency Disclosure Pamphlet

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Agency Question

Sign up free to unlock full analysis

Background Knowledge for Agency

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Agency

Sign up free to unlock full analysis

Common Mistakes to Avoid on Agency Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

sellers_agentduty_of_loyaltyconfidentialityunrepresented_buyerfiduciary_duties

Related Concepts

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

Was this explanation helpful?

More Agency Questions

People Also Study

Related Articles

Agency Questions

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing