AgencyIntermediateColorado Exam

In Colorado, a 'seller's agent' owes the buyer which of the following duties?

AA. Loyalty and confidentiality, as is typically expected in this situation
BB. Honesty and disclosure of material facts that adversely affect the buyer, even if the seller would prefer they not be disclosedCorrect
CC. Only the duty to present all offers
DD. Absolutely no duties owed to the buyer of any kind whatsoever under any circumstance, as is typically expected in this situation

Why B. Honesty and disclosure of material facts that adversely affect the buyer, even if the seller would prefer they not be disclosed Is Correct

Answer B: B. Honesty and disclosure of material facts that adversely affect the buyer, even if the seller would prefer they not be disclosed

Even when acting as a seller's agent, a Colorado broker owes the buyer: (1) honest dealing, (2) disclosure of material facts that adversely affect the value or desirability of the property (even if the seller would prefer they not be disclosed). The broker does NOT owe the buyer fiduciary duties of loyalty or confidentiality.

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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