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Fiduciary Breach and Conflicts of Interest

13 minPRO
2/6

Key Takeaways

  • Common fiduciary breaches include undisclosed dual agency, steering, pocket listing manipulation, and confidential information disclosure.
  • Warning signs include pressure to act without analysis, discouragement of independent advice, and evasiveness about relationships.
  • Legal remedies include state regulatory complaints, civil lawsuits, transaction rescission, and brokerage complaints.
  • Document all agent interactions in writing to create an evidence trail that supports any future claims.
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Test Your Knowledge

1.What is the most common form of agent conflict of interest?

2.What is the investor's best protection against undisclosed agent conflicts of interest?

3.What recourse does an investor have when discovering an undisclosed agent conflict of interest?