Agency

In New York, which of the following would constitute a breach of the agent's duty of 'confidentiality' to their buyer-client?

ADisclosing a material defect in the property to the buyer
BTelling the seller's agent that the buyer is willing to pay up to $50,000 more than the offer price✓ Correct
CAdvising the buyer to obtain legal counsel
DDisclosing the buyer's name to the listing broker

Explanation

Disclosing the buyer's maximum willingness to pay to the seller or seller's agent is a clear breach of the duty of confidentiality. This information could be used by the seller to counter at the buyer's maximum and extract more value from the transaction. The duty of confidentiality requires the buyer's agent to protect sensitive information that could harm the buyer's negotiating position.

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