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Agent Rachel at Harbor Realty in Rhode Island has a listing agreement with seller Bob for his Providence property. Buyer Jen contacts Rachel directly and signs a buyer agency agreement with Rachel. Rachel obtains written dual agency consent from both Bob and Jen. During the transaction, Bob privately tells Rachel that he is going through a divorce and needs to close within 45 days or risk losing the property in the settlement. Jen has not asked about the seller's personal circumstances. Under Rhode Island dual agency law, what is Rachel's correct course of action?

Correct Answer

B) Rachel must keep Bob's divorce and deadline confidential from Jen, as dual agency requires protecting each party's sensitive personal information from the other

Under R.I. Gen. Laws § 5-20.6, a dual agent owes a duty of confidentiality to both parties. Bob's divorce proceedings and his resulting 45-day closing deadline are sensitive personal and financial circumstances that Bob has shared with Rachel in confidence. As a dual agent, Rachel cannot use this information to benefit Jen at Bob's expense. The dual agency framework specifically limits the disclosure duty so that a dual agent does not disclose one party's confidential motivations or personal circumstances to the other party. This is a key limitation of dual agency compared to exclusive representation.

Answer Options
A
Rachel must disclose Bob's divorce and 45-day deadline to Jen because her disclosure duty to Jen as a buyer client overrides the confidentiality duty to Bob
B
Rachel must keep Bob's divorce and deadline confidential from Jen, as dual agency requires protecting each party's sensitive personal information from the other
C
Rachel must withdraw from representing Jen and refer her to another agent because the seller's personal circumstances create an irreconcilable conflict
D
Rachel must disclose Bob's 45-day deadline to Jen but may keep the divorce information confidential as a personal matter unrelated to the property

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Related Topics & Key Terms

Key Terms:

dual_agencyconfidentialityfiduciary_dutiesexpert_trapagency_types

Related Concepts

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

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.

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