Agency

A South Dakota buyer's agent who has knowledge that the seller accepted a prior offer that fell through should:

AKeep this information confidential to protect the seller
BDisclose this fact to the buyer if it is material to the buyer's decision✓ Correct
CUse this information only in negotiations
DReport this to the Real Estate Commission

Explanation

A buyer's agent owes the duty of disclosure to the buyer. If the seller previously accepted an offer that fell through (for example, due to financing issues or inspection problems), this may be material information affecting the buyer's decision and should be disclosed.

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