Question

Gary's new seller client is concerned about privacy and doesn't want her listing posted on the MLS. Gary explains to her the potential impact this will have on marketing her property, but the client remains adamant. Gary doesn't list the property on the MLS. What fiduciary duty is at play?

a. the duty of confidentiality
b. the duty of disclosure
c. the duty of loyalty
d. the duty of obedience

Answer 1

The fiduciary duty at play is the duty of confidentiality.

Step-by-step explanation:

The fiduciary duty at play in this situation is the duty of confidentiality. Gary's client's concern about privacy and her desire to not have her listing posted on the MLS demonstrate her expectation of confidentiality. Despite Gary's explanation of the potential impact on marketing the property, he must respect and uphold his duty to keep her information confidential.