Monday, March 7, 2011

Confidentiality

When a buyer or seller works with an agent, they share personal information.  As a licensed Realtor, I am bound to a code of ethics that requires me to hold my client's information in confidence.  Confidential information includes personal financial information, your motivation for buying or selling, your personal circumstances such as a divorce or relocation and anything else that would compromise your negotiating position. 

As a listing agent, when I list your home for sale, my fiduciary duties include the following:  loyalty, obedience, disclosure, confidentiality, reasonable care and diligence,  accounting and loyalty.  All are important, but the need for confidentiality is paramount.

I often remind my clients that I am working for them to get them the most favorable terms and that I hold their information in confidence.  I do not share this information with other agents as it not only can backfire, but breaching confidentiality leads to lawsuits.  I have  a legal responsibility and duty to my clients to keep their information private and confidential.  How long must I keep the confidence?  Confidentiality never ends.  Even after a sale closes or the listing expires, only a court order can override confidentiality.

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