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AgencyFiduciary_dutiesMEDIUM

Licensee Rachel is representing buyer Kevin in Virginia. Kevin tells Rachel he recently filed for bankruptcy and is worried it will affect his offer. Kevin asks Rachel to keep this private. The seller's agent later asks Rachel directly whether Kevin has any financial difficulties that might affect his ability to close. How should Rachel respond?

Correct Answer

A) Protect Kevin's bankruptcy information as confidential and decline to answer

Under Virginia agency law, a buyer's agent owes the client a duty of confidentiality that specifically protects information about the client's personal financial situation, including bankruptcy history. Va. Code § 54.1-2132 protects such information from disclosure to adverse parties. Rachel must decline to disclose Kevin's bankruptcy, as this is exactly the type of sensitive information the confidentiality duty is designed to protect.

Answer Options
A
Protect Kevin's bankruptcy information as confidential and decline to answer
B
Remain silent and neither confirm nor deny any financial issues
C
Tell the seller's agent to ask Kevin directly without revealing the specific concern
D
Disclose the bankruptcy because financial ability to close is a material fact in any transaction

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesconfidentialitybuyer_agencyfinancial_information

Related Concepts

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.

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

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