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Texas Agency LawFiduciary_duties_txMEDIUM

Buyer agent Wallace is helping Buyer Ortiz search for a home. Ortiz tells Wallace that she is going through a divorce and needs to close quickly before her spouse can claim community property rights. Wallace should:

Correct Answer

D) Advise Ortiz to consult with an attorney and keep the personal situation confidential

Wallace should protect Ortiz's confidential information while also advising her to seek legal counsel about the community property implications. Community property issues require legal advice that is beyond a license holder's scope.

Answer Options
A
Share this information with the listing agent to expedite the closing process
B
Keep this information strictly confidential as it could affect Ortiz's negotiating position
C
Report the situation to TREC because it may involve a fraudulent transfer
D
Advise Ortiz to consult with an attorney and keep the personal situation confidential

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Related Topics & Key Terms

Key Terms:

confidentialitycommunity_propertydivorceattorney_referral

Related Concepts

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

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