AgencyIntermediateArizona Exam

Under Arizona law, a real estate licensee who is the buyer's designated agent in a transaction owes which duty to the seller?

AFull fiduciary duties including loyalty, confidentiality, obedience, accounting, and reasonable care, since Arizona law requires licensees to owe full agency duties to all parties
BThe duty to act honestly and fairly, disclose known material defects, and not engage in fraud or misrepresentationCorrect
CNo legally recognized duties of any kind, since a licensee who represents only the buyer owes no duty whatsoever to the seller or any other unrepresented party
DThe duty to present the buyer's offer in the strongest possible light and to advocate vigorously for the buyer's best interests in all negotiations with the seller

Why The duty to act honestly and fairly, disclose known material defects, and not engage in fraud or misrepresentation Is Correct

Answer B: The duty to act honestly and fairly, disclose known material defects, and not engage in fraud or misrepresentation

Even when acting as buyer's agent, an Arizona licensee owes limited duties to the other party (seller): honesty, disclosure of known material facts, and no fraud or misrepresentation. The full fiduciary duties (loyalty, confidentiality, undivided loyalty) are owed only to the client (buyer), not the opposing party.

Exam Tip: Agency

Agency questions are among the most tested on the exam. Focus on the difference between client and customer, and memorize the fiduciary duties (OLD CAR). Watch for questions that try to blur the line between a general agent and a special agent.

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