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Texas Agency LawAgency_types_txHARD

Broker Henderson acts as an intermediary with appointments in a $500,000 residential sale. Appointed license holder Knox (seller's side) accidentally overhears appointed license holder Webb (buyer's side) discussing the buyer's maximum budget of $520,000 on a phone call in the office. What should Knox do?

Correct Answer

D) Treat the overheard information as confidential and not share it with the seller or anyone else

Under Texas Occupations Code §1101.561, appointed license holders must maintain confidentiality barriers. Even if Knox inadvertently learns the buyer's confidential information, Knox has a duty not to use or share that information. The ethical obligation is to treat the information as if it was never heard.

Answer Options
A
Immediately share this information with the seller to strengthen the seller's negotiation position
B
Inform Broker Henderson and suggest the transaction be cancelled due to compromised confidentiality
C
Report the inadvertent disclosure to TREC as a compliance violation
D
Treat the overheard information as confidential and not share it with the seller or anyone else

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Related Topics & Key Terms

Key Terms:

confidentialityintermediaryoverheard_informationinformation_barrier

Related Concepts

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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.

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