A fiduciary relationship exists between:
Question & Answer
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Any two parties in a transaction
A fiduciary relationship is not present between any two parties in a transaction. While parties have certain obligations, they don't automatically owe the highest duties of loyalty, confidentiality, and full disclosure to each other. Fiduciary status requires a specific legal relationship based on trust and confidence, which doesn't exist in all transactional relationships.
An agent and their principal
The buyer and seller only
The buyer and seller relationship is typically a transactional arm's-length relationship with no fiduciary duties unless one represents both through dual agency.
The lender and borrower
Lender-borrower relationships are governed by contract terms and regulations, not fiduciary duties. These parties have defined contractual obligations but not the heightened fiduciary standard.
Why is this correct?
A fiduciary relationship exists specifically between an agent and their principal because the agent voluntarily accepts the responsibility to act in the principal's best interests with the highest duties of loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care.
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