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Which of the following is a characteristic of a fiduciary duty?

  1. Only applies to listing agents

  2. Involves trust and loyalty

  3. Can be waived at any time

  4. Is not a legal requirement

The correct answer is: Involves trust and loyalty

A fiduciary duty is fundamentally characterized by trust and loyalty. In real estate transactions, a fiduciary duty refers to the obligation of the agent to act in the best interests of their client. This includes providing honest advice, maintaining confidentiality, and advocating for the client's needs above their own. The relationship is built on trust; clients rely on their agents to protect their interests and act responsibly. While the duty of fiduciaries can be more common among listing agents, it is not limited to them alone. Other real estate professionals, such as buyer's agents, also maintain fiduciary relationships with their clients. Additionally, violating fiduciary duties is serious; waiving these duties or the obligation to uphold them is not a standard practice and cannot be done unilaterally or at any time, as these responsibilities arise from a legal obligation that serves to protect clients. Thus, fiduciary duties are a critical aspect of many professional relationships in real estate.