Under Utah law, a licensee acting as a seller's agent owes fiduciary duties to the seller. Which of the following is NOT a fiduciary duty owed by a Utah seller's agent to the seller?
Correct Answer
B) Disclosing to the seller all known material defects in the property
Disclosing known material defects to the seller is NOT a fiduciary duty owed by the agent to the seller — rather, it is the seller's own obligation to disclose defects to the buyer under the Utah Seller Disclosure Act (Utah Code Ann. § 57-27). The agent's duty regarding material defects runs to the buyer (and the public), not to the seller. The agent must not help the seller conceal defects, but informing the seller of defects they already know is not a fiduciary duty owed to the seller.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
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.
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