In what type of property-related situation does a fiduciary duty conflict with obedience?

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In real estate practice, a fiduciary duty is the legal and ethical obligation that one party in a relationship has to act in the best interests of another. This duty includes loyalty, confidentiality, and full disclosure. However, there can be situations where these obligations conflict with a client's direct instructions.

When a client requests illegal actions, this creates a clear conflict between the fiduciary's duty to obey the client's instructions and the requirement to act within the bounds of the law. Engaging in illegal actions would not only be unethical but could also lead to severe legal consequences for the real estate professional. Therefore, the fiduciary must prioritize their duty to adhere to the law over the obedience to the client, as following such directives would violate legal standards and the ethical guidelines governing their practice.

This highlights the importance of understanding that fiduciary responsibilities sometimes necessitate refusing a client’s directives, particularly when those directives may lead to unlawful actions.

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