Florida Broker Practice Exam

What is the consequence for a sales associate who duplicates listings or confidential information from a former employer's office without consent?

1. They are guilty of breach of trust

2. They may receive a warning

3. They are not liable if the information is public

4. They are guilty of refusing to provide information

The correct answer is: They are guilty of breach of trust

A sales associate who duplicates listings or confidential information from a former employer's office without consent is engaging in an unethical practice that violates the duty of loyalty and confidentiality owed to their former employer. This act is viewed as a breach of trust because the associate is misusing proprietary information that was provided to them in a professional capacity, which is meant to be safeguarded. This responsibility to maintain confidentiality is a foundational principle in real estate practice, emphasizing respect for clients' and employers’ rights. Once an association is terminated, any proprietary information, including listings, should remain confidential and not be used for competitive advantage without permission. In contrast, receiving a warning may occur in less severe situations, but duplicating confidential information is typically considered a serious infraction. Additionally, if the information is public, the sales associate may not be liable, but in this context, we're specifically addressing confidential information, which changes the nature of the situation. Finally, refusing to provide information does not accurately reflect the act of duplicating information, which is a clear violation of ethical standards. Hence, the most appropriate consequence in this scenario is being guilty of a breach of trust.