EstatePass
AgencyDisclosure_requirementsHARD

Affiliate Broker Lena is a dual agent representing both buyer Kevin and seller Patricia in a Nashville transaction, with written informed consent from both parties. Kevin tells Lena in confidence that he is willing to pay $30,000 more than his initial offer if the seller refuses. Patricia asks Lena whether Kevin would increase his offer. What must Lena do under Tennessee's dual agency rules?

Correct Answer

C) Lena must keep Kevin's maximum price confidential and may not share it with Patricia

Under Tenn. Code Ann. § 62-13-401 et seq., even in a dual agency relationship where both parties have provided written informed consent, the dual agent retains the obligation to keep each party's confidential information private. Consenting to dual agency does not mean each party waives the right to confidentiality. Lena cannot disclose Kevin's maximum price to Patricia; doing so would breach her duty to Kevin and violate the terms of the dual agency relationship as defined under Tennessee law.

Answer Options
A
Lena must disclose Kevin's maximum price to Patricia because both parties consented to dual agency
B
Lena must withdraw from the transaction because the conflict of interest cannot be managed
C
Lena must keep Kevin's maximum price confidential and may not share it with Patricia
D
Lena must refer the question to her broker-in-charge, who may then disclose the information to Patricia

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Related Topics & Key Terms

Key Terms:

dual_agencyconfidentialityfiduciary_dutywritten_consent

Related Concepts

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

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