A listing agent learns that the home was once used as a marijuana grow operation and has since been fully remediated. The seller's lawyer confirms the seller has no legal obligation to disclose this, and the seller does not want it disclosed. What should the listing agent do?
Correct Answer
C) Advise the seller, and disclose only with the seller's written consent
Where the seller has no legal obligation to disclose, O. Reg. 567/05 s. 22.2 does not require the listing agent to tell buyers, and Code of Ethics s. 12 bars disclosing the client's confidential information without written consent. The agent should advise the seller on how the history may affect buyers, lenders and insurers, disclose it only if the seller consents in writing, and never deny it, because Code s. 5 prohibits misrepresentation.
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A real estate agent discovers that a property they are showing has a known foundation issue that the seller has not disclosed. What should the agent do?
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