Agency

In South Dakota, the real estate agent's fiduciary duty of 'disclosure' requires the agent to inform their client of:

AOnly facts that the client directly asks about
BAll facts material to the transaction that could affect the client's decision, whether or not the client asks✓ Correct
COnly facts that could lower the sale price
DOnly disclosures required by the purchase contract

Explanation

The fiduciary duty of disclosure is proactive — the agent must disclose all known material facts affecting the transaction or the client's interests, regardless of whether the client asks. This includes property defects, market conditions, conflicting interests, and anything else that could affect the client's decision.

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