A real estate broker working for a seller (Mandator A) receives an attractive offer from a buyer. This buyer expresses interest in an additional service – securing a rental agreement for them after the purchase. If the broker is offered an additional commission by the buyer to help with this rental, what article of the Civil Code of Québec primarily dictates the broker's duty here concerning Mandator A?

Question: A real estate broker working for a seller (Mandator A) receives an attractive offer from a buyer. This buyer expresses interest in an additional service – securing a rental agreement for them after the purchase. If the broker is offered an additional commission by the buyer to help with this rental, what article of the Civil Code of Québec primarily dictates the broker's duty here concerning Mandator A?

Answer options:

• Article 2138, which states that the mandatary must act with prudence and diligence. ✅ Article 2146, which states that the mandatary must not use for their benefit information they obtain in the performance of their mandate or avail themselves of the property of the mandator.
• Article 2139, which states that the mandatary must perform the mandate personally, unless authorized to delegate.
• Article 2143, which states that the mandatary is accountable for the property they receive in the performance of their mandate.

Correct answer: Article 2146, which states that the mandatary must not use for their benefit information they obtain in the performance of their mandate or avail themselves of the property of the mandator.

Explanation: Article 2146 of the Civil Code of Québec emphasizes the mandatary's (broker's) duty of loyalty, meaning they cannot use information gained or benefit from the mandate to the detriment or without the full knowledge and consent of their original mandator.