Real Estate · General Principles of Agency

Which set of fiduciary duties does an agent owe a client, commonly remembered by the acronym 'OLD CAR'?

Correct answer

Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Reasonable care

  1. A Offer, Lease, Deed, Contract, Appraisal, Recording
  2. B Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Reasonable care
  3. C Ownership, Liability, Damages, Closing, Agency, Rescission
  4. D Only the duty of honesty to all parties

Why this is the answer

An agent owes a client a set of fiduciary duties often memorized as OLD CAR: Obedience (follow the client's lawful instructions), Loyalty (put the client's interests above all others, including the agent's own), Disclosure (tell the client all material facts the agent knows), Confidentiality (protect the client's confidences, which continues even after the relationship ends), Accounting (account for all money and documents), and Reasonable care and diligence (act competently). These duties are owed to the principal/client. To customers (non-clients), the agent owes honesty and fair dealing and the disclosure of known material defects, but not the full fiduciary set. Agency duties are among the most heavily tested national topics.
Source: Real Estate Principles, Fiduciary Duties

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