Brian,

I agree with Gabe Sanders. Confidentiality when it comes to serious issues is not in effect in our opinion.   

You were terminated yet you'll still be bringing buyers around?  Ok.  I would not SAY anything but strongly suggest to my buyer that they get a complete inspection including xxxxx which just doesn't look right to your untrained eyes.

I would have to know the whole story.

There is a BIG difference in the duty of confidentiality to a client and the law of disclosing all material facts about a property.

The duty of confidentiality does not trump the duty to disclose problems.

Eve

The same as when you had the listing.

I don't know how to measure 'entirely truthful.'

And that's the trouble with disclosures, the seller must PROVE what they did not know, which is IMPOSSIBLE.

You are responsible for presenting the facts, not partial facts, or alledged facts or facts that you wish were true.

Your yes must be yes, and your no must be no. The slippery slope of relative truth suggested by 'not entirely true' is a trap that likes to cath us all.

What can you tell futher buyers? Only the facts.

The same as when the agreement was active. Let future buyers discover defects through inspections and public records.

Confidential information is always confidential information. You can tell buyers about information from other sources.

Gabe nailed this one!

In North Carolina, the listing belongs to the firm and not the agent. If the listing is still listed in the office, you still must protect the seller's confidence. However, you are required by nc real estate law to disclose all inspections to the buyer once you become aware of them. Also, with new laws that took effect, if the buyer purchases the house and finds out after the purchase that the seller did not disclose a problem that they had knowledge of, the buyer can come after the former owner and even the agent.

There is no expiration date on confidentiality, unless you want to ruin your reputation.

Brian Rugg If you are aware of an adverse material fact, it should be disclosed.

Depending on the state, maybe to the grave.

Hi Brian  (or should I say "Sage Advisor!") - 

I believe that the duty of confidentiality extends past the termination of the listing agreement, however if the dishonest disclosure was in violation of law, you might have been compelled to have said something as a listing agent.  Now that you are the buyer's agent with knowledge of the seller's alleged dishonesty, my suggestion would be to let the buyers know that without violating your duty of confidentiality to a past client, you might be aware of conflicting information and would urge them to research matter X in greater detail.  This way, you've covered your tracks and not directly said that the seller was a liar, but also covered your new fiduciary duty to your buyer client.  Also hoping that TX is a "buyer beware" state like MA is!  Stay well!

Brian: The answer to your question is how attorneys make their money.