Agency

In New Mexico, which of the following best describes the fiduciary duty of 'disclosure' owed by an agent to their client?

AThe agent must share the client's confidential information with the other party
BThe agent must disclose all material information relevant to the transaction that the client would want to know✓ Correct
CThe agent must disclose only physical defects
DThe agent must disclose the commission amount to the other party

Explanation

The fiduciary duty of disclosure requires an agent to share all material facts with their client that could affect the client's decision—including market information, property condition issues, and adverse information about the other party.

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