Based on the common law of agency, which of the following would always be an agent's duty?

The common law of agency establishes a set of fiduciary duties that an agent owes to a principal. The duty of loyalty is the cornerstone of this relationship. It requires the agent to place the interests of the principal above all others, including the agent's own self-interest. This is a fundamental, unwavering obligation that exists in every agency relationship, regardless of the specific tasks assigned. The other options describe actions that are either conditional upon the principal's instruction, a violation of other fiduciary duties, or constitute the unauthorized practice of law.

A. This is a specific task that requires express authority from the principal; it is not an inherent or universal duty.

B. This violates the fiduciary duty of confidentiality, as it discloses sensitive personal information that could harm the principal's negotiating position.

C. This constitutes the unauthorized practice of law; a real estate agent cannot provide legal advice or interpret legal documents like a title report.

1. Massachusetts General Laws, Chapter 112, Section 87AAA. This statute explicitly defines the duties of real estate agents in Massachusetts. It states that a seller's or buyer's agent owes the client the fiduciary duty of "loyalty to the client, by acting solely in the client's best interest." This directly supports that placing the principal's interest first is a primary duty.

2. Code of Massachusetts Regulations, 254 CMR 3.00: Professional Standards of Practice. Section 3.00(9)(a) mandates that a licensee must "protect and promote the interests of the client." This regulation codifies the common law duty of loyalty into the state's professional standards.

3. "Agency Law in a Nutshell" (4th ed.) by William A. Gregory, Saint Louis University School of Law. Chapter 6, "Duties of Agent to Principal," Section 6.2, "Duty of Loyalty," explains that the duty of loyalty is the most important duty an agent owes a principal and includes the obligation to act solely for the principal's benefit in all matters connected with the agency. This is a standard university-level legal text outlining the core principles of agency law.