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Agency & Professional EthicsMaterial Facts DisclosureMEDIUM

A real estate agent discovers that a property they are listing has a history of flooding that the seller has not disclosed. What should the agent do?

Correct Answer

D) Advise the seller to disclose, and withdraw if they won't

While agents owe loyalty to their clients, they cannot assist in fraudulent misrepresentation. The agent must advise the seller to disclose material facts and may need to withdraw from the representation if the seller refuses to comply with disclosure obligations.

Answer Options
A
Keep the flooding history confidential to protect the seller's interests
B
Disclose the flooding history to buyers immediately, without first speaking to the seller
C
Only disclose if directly asked about flooding by a buyer
D
Advise the seller to disclose, and withdraw if they won't

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Key Terms

material defectsdisclosure obligationsfiduciary dutyfraudulent misrepresentationprofessional ethics
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