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AgencySeller_agency_dutiesHARD

Broker Lee represents seller Gomez under a listing agreement. During the listing period, Broker Lee's spouse approaches Gomez directly and offers to purchase the property at asking price. Broker Lee does not disclose the spousal relationship to Gomez and presents the offer as a standard third-party transaction. Under Washington law, which duties has Broker Lee most clearly violated?

Correct Answer

B) Loyalty and disclosure, because Lee failed to disclose a material conflict of interest to the seller-client

Under RCW 18.86.040(1)(a), the duty of loyalty requires a seller's agent to place the seller's interests above the agent's own interests. By failing to disclose that the buyer is the agent's spouse, Lee has a direct personal interest in the transaction that conflicts with Gomez's interest in receiving the best possible terms and full information about the buyer. Under RCW 18.86.040(1)(b), the duty of disclosure requires Lee to share all information material to the transaction, and the spousal relationship is clearly material. This situation also implicates WAC 308-124C-105, which requires licensees to disclose when they or their family members have a personal interest in a transaction.

Answer Options
A
Confidentiality and accounting, because Lee used client information for personal gain
B
Loyalty and disclosure, because Lee failed to disclose a material conflict of interest to the seller-client
C
Reasonable care and accounting, because Lee failed to properly document the transaction
D
Good faith and confidentiality, because Lee misrepresented the buyer's identity to a customer

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Related Topics & Key Terms

Key Terms:

loyalty_dutydisclosure_dutyconflict_of_interestrcw_18_86seller_agencyexpert_trap

Related Concepts

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

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