In an agency relationship, what must an agent disclose?

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In an agency relationship, an agent has a fiduciary duty to act in the best interest of their client. This includes the responsibility to disclose material facts to prospective purchasers. Material facts are those that could influence a buyer’s decision regarding a property, such as defects, zoning issues, or other significant details that affect the property's value or desirability. By disclosing these facts, the agent helps ensure that the buyer is informed and can make a decision based upon complete and accurate information. This duty to disclose is central to maintaining transparency and trust between the parties involved in a real estate transaction, aligning with the ethical standards and legal obligations of real estate agents.

Personal opinions about the property, available financing options, and past client transactions don't fall under the same requirement for disclosure as material facts do. While they can be valuable, they do not directly relate to the necessary transparency regarding the property’s condition or legal standing that the buyers need to be aware of.

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