Escrow & Title
In Montana, 'constructive fraud' in a real estate transaction may occur when:
AAn agent makes false statements with intent to deceive
BAn agent has a confidential relationship with a client and takes unfair advantage of that relationship without necessarily intending to defraud✓ Correct
CAn agent fails to disclose a minor defect
DAn agent charges a higher commission than normal
Explanation
Constructive fraud occurs when a person in a position of trust or confidence (such as a fiduciary agent) takes advantage of the relationship in a way that produces an unjust result, even without deliberate intent to deceive.
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