Real Estate · General Principles of Agency

What duties does an agent owe to their principal?

Correct answer

Fiduciary duties including loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care (OLD-CAR)

  1. A Fiduciary duties including loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care (OLD-CAR)
  2. B Only honesty
  3. C No specific duties beyond getting a deal done
  4. D Only the duties spelled out in writing

Why this is the answer

An agent owes fiduciary duties to their principal — the highest standard of care recognized in law. The mnemonic OLD-CAR captures the duties: Obedience to lawful instructions; Loyalty (acting in the principal's best interest, not the agent's); Disclosure (sharing all material facts known to the agent); Confidentiality (protecting the principal's private information); Accounting (handling money carefully); and Reasonable care (using skill and diligence). These duties apply whether the agent represents a buyer or a seller. They do not apply to the other party in the transaction — to whom the agent owes only honesty and disclosure of material defects. Dual agency (representing both sides) is allowed in some states with full informed consent of both parties, but compromises some of these duties.
Source: Real Estate Principles, Agency Relationships

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About this topic: General Principles of Agency

Fiduciary duties (OLD-CAR), dual agency, commingling — agency law is heavily tested because client trust depends on it. This is one of 11 Salesperson (National) questions on general principles of agency, each with a full explanation on a single study page.

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