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.