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A licensee has a listing on one of two stores owned by the same person. The licensee learns that the owner is selling the store

A licensee has a listing on one of two stores owned by the same person. The licensee learns that the owner is selling the store because he has financial difficulties. The licensee finds a buyer for the store, and the sale is completed. The owner signs a listing contract with the licensee for the other store. Can the licensee use the information about the owners finances to find prospective buyers for the owners second store?

  1. Yes, because the licensee would be fulfilling his duty of diligence
  2. Yes, because the licensee learned the financial information during a fiduciary relationship
  3. No, because to tell any buyer such information would violate the licensees duty of loyalty
  4. No, because such information can be disclosed to a buyer only during the same listing period in which it is learned

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