agency
confidentiality
Confidentiality is the fiduciary duty to keep a client's private information secret, such as their motivation, financial situation, or lowest acceptable price, unless the client authorizes disclosure or the law requires it. In many states this duty continues even after the agency relationship ends. Confidentiality never allows an agent to hide known material defects in the property, which must still be disclosed.
- Exam tip
- Confidentiality covers the client's personal and negotiating information, not property defects. Material facts about the property must be disclosed despite confidentiality.
- Example
- A seller tells her agent she must move within 30 days and will take $20,000 less; the agent may not share this with buyers.
Related terms & state variants
Sources
Source verification pending. Confirm current requirements with your state regulator.
Last verified: 2026-10-23