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What fiduciary duty is highlighted when Gary respects his seller client’s wish not to post on the MLS?

  1. The duty of loyalty

  2. The duty of obedience

  3. The duty of disclosure

  4. The duty of confidentiality

The correct answer is: The duty of obedience

The scenario where Gary respects his seller client’s wish not to post on the MLS illustrates the duty of obedience. This fiduciary duty mandates that an agent must follow the lawful instructions of their client, provided those instructions are ethical and align with legal requirements. By honoring the seller’s preference not to engage in posting on the MLS, Gary is demonstrating adherence to this duty, ensuring that he acts in accordance with the seller’s desires regarding how their property is marketed. The other fiduciary duties, while important, do not directly apply in this situation. The duty of loyalty involves prioritizing the client’s interests above all others, the duty of disclosure pertains to providing the client with all relevant information affecting their decisions, and the duty of confidentiality involves safeguarding the client’s private information. In this case, the focus is on following the specific instruction of the client regarding marketing strategy, which aligns clearly with the duty of obedience.