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Under the Canons of Professional Ethics adopted by TREC, which duty applies to a license holder's conduct toward parties the license holder does NOT represent?

Correct Answer

C) A duty of honesty and fair dealing, requiring the license holder to avoid misrepresentation or exploitation of errors

Under TREC Rules §531.1 (Canons of Professional Ethics), license holders owe a duty of honesty and fair dealing to ALL parties in a transaction, not only their own clients. This Canon prohibits a license holder from exploiting mistakes, misrepresenting facts, or engaging in deceptive conduct toward any party, even one the license holder does not represent.

Answer Options
A
No duty exists toward unrepresented parties, as the license holder's fiduciary obligations run exclusively to the client
B
A duty of confidentiality only, ensuring the unrepresented party's information is not disclosed to the client
C
A duty of honesty and fair dealing, requiring the license holder to avoid misrepresentation or exploitation of errors
D
A duty equivalent to that owed the client, including loyalty and obedience, when no other agent is present

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Related Topics & Key Terms

Key Terms:

canons_of_ethicsfair_dealinghonestyall_parties
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