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Agency & Professional EthicsDisclosure ObligationsABEASY

An Alberta listing agent learns that the seller client's home has a hidden foundation defect that buyers are unlikely to spot on a viewing. What is the agent's primary obligation?

Correct Answer

D) Disclose the defect to all buyers, and refuse further service if told to hide it

Rule 57(i) of the RECA Rules requires a licensee acting as a seller's agent to disclose to all buyers all material latent defects affecting the property that the licensee knows about. If the seller instructs the licensee to withhold that disclosure, Rule 41(j) requires the licensee to refuse to provide further services to that client.

Answer Options
A
Keep the defect confidential, since the seller's agent owes the seller confidentiality above all
B
Immediately notify RECA of the situation before continuing to market the listing
C
Withdraw from the listing agreement at once to avoid any personal liability for it
D
Disclose the defect to all buyers, and refuse further service if told to hide it

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Key Terms

material latent defectseller's agentRECA Rule 57(i)Rule 41(j)disclosure
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