What is a fiduciary relationship in real estate?

A fiduciary relationship in real estate is defined as a legal relationship in which one party is obligated to act in the best interest of another. This type of relationship is foundational in real estate transactions, where agents or brokers represent their clients—typically buyers or sellers. The fiduciary duty encompasses several key responsibilities, including loyalty, disclosure, confidentiality, obedience, and accounting.

This means the agent or broker must prioritize the client's interests above all else, providing full disclosure of material facts and acting with honesty throughout the transaction process. The trust established through this relationship is crucial, as clients depend on their agents to advocate for them and protect their interests, especially in complex negotiations.

In contrast, the other options do not accurately describe a fiduciary relationship. A mutual agreement between buyers and sellers mainly refers to the negotiations and contracts that establish rights and obligations but does not encapsulate the trust and duty inherent in a fiduciary relationship. A temporary contract for property leasing is related to tenancy rather than the ethical duties of a fiduciary. Lastly, a partnership agreement between agents typically addresses business arrangements rather than the personal legal obligations of acting on behalf of a client.