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AgencyStatutory_agency_framework_rcw_18_86MEDIUM

Broker Rachel is acting as a dual agent in a transaction in Redmond, Washington, with written consent from both the seller, Greg, and the buyer, Fiona. During negotiations, Greg tells Rachel that he is facing foreclosure and must sell within 60 days at any price above $390,000. Under RCW 18.86, what must Rachel do with this information?

Correct Answer

C) Maintain Greg's confidentiality and not disclose this information to Fiona without Greg's consent

Under RCW 18.86.060, even in a dual agency relationship, a licensee must maintain the confidentiality of information that could harm either party's negotiating position. Greg's financial distress and minimum acceptable price are confidential — Rachel may not disclose this to Fiona without Greg's express consent, even though Rachel also represents Fiona. This is a key limitation of the dual agent's modified duties under Washington law.

Answer Options
A
Disclose Greg's situation to Fiona because dual agents must share all material information with both parties
B
Immediately withdraw from the transaction because this information creates an irreconcilable conflict
C
Maintain Greg's confidentiality and not disclose this information to Fiona without Greg's consent
D
Notify the designated broker, who will then decide whether to disclose the information to Fiona

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Related Topics & Key Terms

Key Terms:

dual_agencyconfidentialitydual_agent_dutiesrcw_18_86negotiating_position

Related Concepts

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

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.

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