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Jennifer is a West Virginia licensee representing the buyer, Kevin, in the purchase of a rural property in Randolph County. During due diligence, Kevin tells Jennifer that the maximum price he is willing to pay is $285,000, though the asking price is $265,000. The seller's agent later asks Jennifer what price Kevin would accept. What must Jennifer do under West Virginia agency law?

Correct Answer

C) Refuse to disclose Kevin's maximum price because it is confidential client information

As Kevin's buyer's agent, Jennifer owes Kevin fiduciary duties including the duty of confidentiality. A client's maximum willingness to pay is a classic example of confidential negotiating information that must not be disclosed to the other party or their agent. Under West Virginia agency law, disclosing this information without Kevin's consent would be a breach of fiduciary duty and could subject Jennifer to disciplinary action by the WVREC.

Answer Options
A
Disclose Kevin's maximum price because the seller's agent has a right to know
B
Disclose Kevin's maximum price only if the seller has also disclosed their minimum acceptable price
C
Refuse to disclose Kevin's maximum price because it is confidential client information
D
Refer the question to her broker, who may disclose the information at their discretion

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Related Topics & Key Terms

Key Terms:

buyer_agencyconfidentialityfiduciary_dutiesnegotiating_information

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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