Washington licensee Fiona is a buyer's agent representing client Hector. During negotiations, the seller's agent asks Fiona whether Hector would be willing to waive the inspection contingency to make the offer more competitive. Hector has told Fiona in confidence that he is willing to waive inspection if necessary. Under RCW 18.86, what should Fiona do?
Correct Answer
C) Fiona must maintain confidentiality and may not disclose Hector's willingness to waive the inspection without his consent
Under RCW 18.86.050, a buyer's agent owes the client a duty of confidentiality, which includes not disclosing information that would be detrimental to the client's negotiating position without the client's consent. Hector's willingness to waive the inspection contingency is exactly the type of confidential negotiating information that Fiona must protect. Disclosing it to the seller's agent without Hector's consent would be a direct violation of her duty of confidentiality under Washington's statutory agency law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.
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.
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