A buyer's salesperson is preparing an offer on behalf of their client. The salesperson becomes aware that a competing offer from another brokerage also includes a clause requesting a specific material latent defect report that was shared by their own client during an earlier, unsuccessful, offer negotiation on a different property. Under TRESA 2023, what is the salesperson's primary ethical obligation regarding this information?

Question: A buyer's salesperson is preparing an offer on behalf of their client. The salesperson becomes aware that a competing offer from another brokerage also includes a clause requesting a specific material latent defect report that was shared by their own client during an earlier, unsuccessful, offer negotiation on a different property. Under TRESA 2023, what is the salesperson's primary ethical obligation regarding this information?

Answer options:

• The salesperson must immediately disclose this information to their own buyer client, as it may provide a strategic advantage. ✅ The salesperson must treat all information acquired from or on behalf of a client as confidential and not disclose it to others, even if it appears to benefit their current client.
• The salesperson should disclose this information to their broker of record to determine if it constitutes a breach of confidentiality by the competing brokerage.
• The salesperson can use this information if it is deemed to be publicly available, regardless of how they initially obtained it.

Correct answer: The salesperson must treat all information acquired from or on behalf of a client as confidential and not disclose it to others, even if it appears to benefit their current client.

Explanation: TRESA 2023 emphasizes the duty of confidentiality. Salespersons are bound to keep all client information confidential, even if obtaining it from a previous client or transaction, and cannot use it to the advantage of a current client if it compromises another's confidentiality.