Agency
In Massachusetts, a buyer who receives false information from a listing broker (who represents the seller) may have a claim against the listing broker for:
ABreach of fiduciary duty, since the listing broker owes fiduciary duties to buyers
BMisrepresentation, since the listing broker owes buyers the duty of honest dealing✓ Correct
CDual agency violation
DLicense law violation only, with no private right of action
Explanation
A listing broker does not owe fiduciary duties to buyers, but does owe the duty of honest dealing. If the listing broker makes false statements about the property to buyers, the buyers may have a claim for misrepresentation.
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Key Terms to Know
Dual Agency
A situation where a single real estate agent or brokerage represents both the buyer and the seller in the same transaction.
Fiduciary DutyThe highest legal duty an agent owes to a principal — requiring the agent to act in the principal's best interest above all others.
AgencyA legal relationship in which a licensee (agent) acts on behalf of a principal (buyer or seller) in a real estate transaction.
Seller's Agent (Listing Agent)A real estate licensee who represents the seller's interests, markets the property, and owes fiduciary duties to the seller.
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