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A
Share it freely
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B
Continue to maintain the confidentiality of certain information (such as the client's financial position, motivation, or negotiating strategy) even after the relationship ends — the duty of confidentiality survives termination of the agency
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C
Post it publicly
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D
Give it to the other party
Why this is the answer
CONFIDENTIALITY DUTY SURVIVES AGENCY TERMINATION: The fiduciary duty of CONFIDENTIALITY continues even AFTER the agency relationship ends. PROTECTED CONFIDENTIAL INFORMATION: The client's financial situation (how much they can afford/will accept); their MOTIVATION (e.g., 'must sell quickly due to divorce/job relocation'); their negotiating position and strategy; the lowest price a seller will accept or highest a buyer will pay; any information that could harm the client's bargaining position; DURATION: This duty does NOT end when the transaction closes or the agency terminates — the agent must keep this information confidential indefinitely (or per state law); EXCEPTIONS: Information that must be disclosed by law (material defects, etc.); information that becomes public; with the client's consent; CONTRAST: MATERIAL FACTS about the property's condition generally MUST be disclosed (not protected as confidential); the duty of confidentiality protects the client's STRATEGIC/PERSONAL information, not property defects; VIOLATION: Disclosing confidential client information (even after the relationship ends) breaches fiduciary duty and can result in discipline and liability; the surviving duty of confidentiality is an important agency law concept tested on the state exam — agents must protect clients' strategic and personal information indefinitely.
Source: Real Estate State — Agency, Confidentiality After Termination