Confidentiality and the Unsuccessful Listing “Pitch”

(Ontario)

Question:

If something comes up in a listing presentation, does the unsuccessful agent have to maintain silence?

Answer:

They made the pitch for agency. Fiduciary duties apply. They were unsuccessful, but they still have to maintain confidentiality under the laws applying to “implied agency”.

They could have set the tone differently, but in this hypothetical situation they didn’t.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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