AgencyIntermediateColorado Exam

In Colorado, if a buyer and seller both consent in writing, a broker may act as a 'dual agent.' In a dual agency, the broker:

AA. Owes full fiduciary duties to both parties simultaneously
BB. Cannot disclose the seller's minimum acceptable price or the buyer's maximum willingness to pay without consentCorrect
CC. Is required to share all confidential information with both parties, a pattern seen in many similar transactions
DD. Must refer both parties to separate brokers

Why B. Cannot disclose the seller's minimum acceptable price or the buyer's maximum willingness to pay without consent Is Correct

Answer B: B. Cannot disclose the seller's minimum acceptable price or the buyer's maximum willingness to pay without consent

In Colorado dual agency (with informed written consent of both parties), the broker cannot disclose either party's confidential negotiating information — such as the seller's minimum price or the buyer's maximum price — to the other party, unless the party consents. Full fiduciary loyalty to both simultaneously is impossible; the broker serves both with limited duties.

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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