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Agency & Professional EthicsDisclosure ObligationsONMEDIUM

A real estate salesperson learns that a property they listed has foundation issues that the seller hasn't disclosed. What should they do according to professional ethics?

Correct Answer

B) Advise the seller to disclose it and withdraw if they won't

Professional ethics require agents to ensure material facts are disclosed to protect all parties. The agent must advise proper disclosure and cannot participate in misrepresentation, even for their client.

Answer Options
A
Keep the information confidential as it came from the client
B
Advise the seller to disclose it and withdraw if they won't
C
Only disclose the issues if directly asked by potential buyers
D
Wait until after an offer is accepted to address the issue

Why This Is the Correct Answer

Option B is correct because real estate professionals have a duty to ensure material facts are disclosed to protect all parties. Under TRESA, RESA, and provincial regulations, agents cannot participate in misrepresentation or fraud. The agent must advise the seller to disclose foundation issues as they constitute material latent defects. If the seller refuses, the agent must withdraw from the representation to maintain professional integrity and comply with ethical obligations that supersede client loyalty when public interest is at stake.

Why the Other Options Are Wrong

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Key Terms

material latent defectsprofessional ethicsdisclosure obligationsmisrepresentationTRESA
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