In Arizona, a licensed real estate agent owes fiduciary duties to the party the agent represents.  But what about the other party in the transaction?  Arizona Administrative Code R4-28-1101(A) requires that real estate agents “deal fairly” with all parties in the transaction.  Real estate agent must disclose to the other party material information about the transaction that their client is required by law to disclose even if the client does not disclose.  Lombardo v. Ablu, 199 Ariz. 97, 14 P.3d 288 (2000).  Thus, a real estate agent has a duty to disclose material defects in the property or transaction itself if the agent’s client has a duty to disclose.  Material information could include the buyer’s financial ability to close the sale, the seller’s ability to convey title as well as knowledge of the physical condition of the property. If an agent violates the duty to deal fairly with the other party in the transaction, that party may have a negligent or intentional misrepresentation claim against that agent and the agent’s broker.