New ethical duty to disclose non-confidentiality of offers
Monday, January 30th, 2006Beginning January 1, 2006, REALTORS® representing buyers have an ethical duty to advise their clients that sellers may not treat offers as confidential. More specifically, when entering into a buyer agreement, REALTORS® must advise potential clients of “the possibility that sellers or sellers’ representatives may not treat the existence, terms, or conditions of offers as confidential unless confidentiality is required by law, regulation, or by any confidentiality agreement between the parties.”
As a point of clarification, California law generally does not require the existence, terms, or conditions of offers to be kept confidential by either a seller or a listing agent representing the seller exclusively. However, parties may voluntarily enter into a confidentiality agreement.
