Oregon broker Dana is working as a disclosed limited agent representing both seller Park and buyer Nguyen in the same transaction. A purchase and sale agreement is fully executed. During the transaction, Nguyen privately tells Dana that he is willing to pay up to $30,000 more than his offer price if the seller counters. Park separately tells Dana that she would accept $20,000 less than the list price. Under Oregon's disclosed limited agency rules, what is Dana's obligation regarding this confidential information?

Correct Answer

C) Dana must keep both parties' confidential price positions confidential and cannot disclose them to the other party

Under Oregon's disclosed limited agency statute (ORS 696.840), a licensee acting as a disclosed limited agent for both buyer and seller has reduced but still existing fiduciary duties. One of the duties that survives in a disclosed limited agency is the duty to maintain the confidentiality of each party's negotiating position, including their maximum willingness to pay or minimum willingness to accept. Dana may not disclose Nguyen's maximum price to Park, nor may she disclose Park's minimum acceptable price to Nguyen. This is a core protection that remains even when full fiduciary duties are limited.