102k views
0 votes
What happens when two fiduciary duties conflict? For instance, your clients ask you not to show their property on evenings and weekends, when most showings occur. To obey (a fiduciary duty) means to fail in reasonable skill and care (another fiduciary duty). What should you do?

a. Discuss the issue with your clients and let them decide.
b. Obey. It always trumps reasonable skill and care.
c. Refuse to work with these unreasonable clients.
d. Wait until your clients are out of town, then show the property.

1 Answer

2 votes

Final answer:

In situations where fiduciary duties conflict, the resolution involves discussion with clients to find a balance between respecting their wishes and fulfilling professional duties, ensuring ethical decision-making and maintaining fiduciary responsibilities.

Step-by-step explanation:

When two fiduciary duties conflict, the resolution requires careful judgment and prioritization. For instance, if a client instructs not to show their property during evenings and weekends, it conflicts with the duty of providing reasonable skill and care due to most showings occurring at that time. In this case, the best course of action would be to:

Discuss the issue with your clients and explain the consequences of their restrictions, looking for a mutually agreeable solution that respects their wishes while also fulfilling your professional duty to effectively market their property.

Other actions, such as ignoring the client's wishes, refusing to serve them, or showing the property behind their back, would breach different aspects of your fiduciary responsibilities and are not appropriate solutions. Ethical resolution involves transparency, communication, and finding a balance between competing duties while maintaining professional integrity.

where your clients ask you not to show their property on evenings and weekends, while most showings occur during those times, it would be best to discuss the issue with your clients and let them decide. By having an open conversation about their concerns and finding a compromise, you can fulfill both fiduciary duties to the best of your ability.

the correct option is C Discuss the issue with your clients and let them decide

User Murphy
by
8.3k points
Welcome to QAmmunity.org, where you can ask questions and receive answers from other members of our community.