The correct answer is B, Buyer. Massachusetts Board buyer-agency guidance explicitly recognizes that compensation alone does not create an agency relationship.
The broker ' s representation is determined by the agency agreement, disclosures, informed consent, and conduct—not simply by which party ultimately funds the broker ' s compensation.
Thus, a buyer ' s broker can remain the fiduciary representative of the buyer even where compensation is paid through a seller concession or another lawful transaction structure.
The broker continues to owe the buyer obligations such as loyalty, confidentiality, disclosure, reasonable care, accountability, and obedience to lawful instructions.
Payment by the seller does not automatically create dual agency. Dual representation requires the separate legal consent process described by Massachusetts agency law.
Study Guide Reference: Agency — Buyer Agency and Compensation.