In a seller agency, who has the fiduciary duty?

In a seller agency, the fiduciary duty is held by the licensee, who represents the seller in the transaction. This fiduciary duty means that the licensee is obligated to act in the best interests of the seller, maintaining loyalty, confidentiality, and full disclosure while advocating for the seller's needs throughout the process. The licensee must provide honest advice and support the seller in achieving the best possible outcome, whether that involves pricing strategies, marketing the property, negotiating offers, or other aspects of the selling process.

The role of the buyer is not one of a fiduciary in a seller agency context, and similarly, while the seller has interests that the licensee must protect, the obligation of fiduciary duty specifically lies with the licensee. The broker acts as a supervising agent but does not directly hold fiduciary duty to the seller; rather, the duty is embodied in the licensee's conduct on behalf of the seller.