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AgencyFiduciary_dutiesMEDIUM

Virginia licensee Paul represents seller Helen. Paul receives two offers simultaneously: one from buyer A for $390,000 with no contingencies, and one from buyer B for $395,000 with a financing contingency. Helen tells Paul she only wants to see the higher offer. What is Paul's fiduciary obligation under Virginia law?

Correct Answer

B) Present both offers to Helen because the duty of obedience does not override the duty to present all offers

Under Virginia law and VREB regulations, a licensee has a duty to present all written offers to the seller promptly, regardless of the seller's instructions to filter them. While the duty of obedience requires following lawful client instructions, it does not extend to instructions that would require the licensee to withhold material information — such as competing offers — that could affect the client's decision. Withholding offers could also expose Paul to disciplinary action under 18 VAC 135-20.

Answer Options
A
Follow Helen's instructions and present only the $395,000 offer as directed
B
Present both offers to Helen because the duty of obedience does not override the duty to present all offers
C
Present only the $390,000 offer because it is stronger due to the lack of contingencies
D
Submit both offers to the principal broker for review before presenting either to Helen

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesobediencepresenting_offersseller_agencyvreb_regulations

Related Concepts

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

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