In dual agency, which of the following must remain undisclosed to the opposing party?

In the context of dual agency, the concept revolves around the agent representing both the buyer and the seller in a real estate transaction. Maintaining confidentiality regarding certain sensitive information is critical to ensure fair representation for both parties.

The seller's minimum acceptable price is particularly sensitive information that, if disclosed to the buyer, could potentially put the seller at a disadvantage during negotiations. Revealing this information might lead the buyer to offer less than they otherwise would, exploiting the knowledge of the seller's lowest acceptable figure. Therefore, the agent must keep this information confidential and undisclosed to uphold their fiduciary duty to the seller.

On the other hand, the buyer's budget for purchasing a home, their willingness to negotiate, and the seller's reasons for selling are generally not as sensitive or strategic as the seller's minimum price. These aspects do not create a unilateral advantage when disclosed, and agents may find themselves disclosing these details in the context of facilitating discussions or negotiations. This is why the seller's minimum acceptable price is identified as the key piece of information that must remain undisclosed in a dual agency scenario.