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DUTIES AND RIGHTS OF AGENT
Duty to use reasonable diligence, care and skill. An agent is under an implied contractual duty to carry out its agency authority, with reasonable diligence, care and skill. Indeed this is an important principle in all business practice. The standard applicable is that which a reasonable person would expect an agent of the type in question to exercise in the circumstances. For example, a real estate agent must know and display the qualities of expertise expected of a real estate agent, and is answerable to the vendor for any derelictions of duty. Any failings, shortcomings or mistakes made by an agent will, depending on the circumstances, be actionable.
A real estate agents contractual and fiduciary duty is to obtain the best possible price for their client.
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