A seller's agent discovers during the listing period that the property is subject to a pending bylaw violation that could result in significant fines. The seller is unaware of this issue. What should the agent do?
Correct Answer
C) Research the violation thoroughly and inform the seller immediately
The agent has a fiduciary duty to inform their client of material facts that could affect the property's value or marketability. The agent should research the issue thoroughly and immediately inform the seller so they can make informed decisions about disclosure and resolution.
Why This Is the Correct Answer
Option C is correct because it fulfills the agent's fiduciary duty of loyalty and care to their client. Under provincial real estate legislation like TRESA and RESA, agents must provide material information that could affect property value or the seller's interests. A pending bylaw violation is clearly material as it could result in significant fines and affect marketability. The agent must research thoroughly to provide accurate information and inform the seller immediately so they can make informed decisions about resolution or disclosure strategies.
Why the Other Options Are Wrong
Deep Analysis of This Agency & Professional Ethics Question
Background Knowledge for Agency & Professional Ethics
Memory Technique
Exam Tip for Agency & Professional Ethics
Real World Application in Agency & Professional Ethics
Common Mistakes to Avoid on Agency & Professional Ethics Questions
Key Terms
More Agency & Professional Ethics Questions
A listing agent learns that the basement had water damage years ago that was fully repaired. The seller has no legal obligation to disclose it and refuses to mention it in the listing. What is the agent's best course of action?
Under the RECA Rules, a brokerage practising common law agency lists a seller's home, and one of its buyer clients wants to buy that home. How must the brokerage proceed?
Which of the following scenarios represents a conflict of interest that must be disclosed?
A buyer's agent learns that the seller is motivated to sell quickly due to financial difficulties. What should the agent do with this information?
An agent learns that a major development project will be announced near their client's property, likely increasing its value significantly. The client wants to list immediately at current market value. What is the agent's ethical obligation?
- → Which of the following best describes the duty of confidentiality owed by a real estate agent?
- → What information must an agent disclose to a buyer client about a property's condition?
- → 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?
- → In a complex commercial transaction, a real estate professional discovers information that creates competing duties between their fiduciary obligation to their client and their duty to disclose material facts to other parties. How should this conflict be resolved?
- → An agent representing a buyer learns confidential information about the seller's motivation to sell quickly due to financial hardship. How should this information be handled?
- → A buyer's agent learns that their client has been pre-approved for a mortgage up to $500,000, but the client instructs them to only look at properties under $400,000. What should the agent do with this information?
- → 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?
- → An Ontario salesperson represents a seller who receives two identical offers, one of them from the salesperson's spouse. The seller does not know about the relationship. What does the Code of Ethics require if the salesperson is to keep acting for the seller?
- → What is 'designated agency' in the context of Alberta real estate?
- → A buyer tells their Ontario salesperson that the seller is facing foreclosure and must sell quickly. How should the salesperson handle this information?
People Also Study
Real Property Law
60 questions
Contracts & Agreements
60 questions
Mortgage & Real Estate Finance
60 questions
Land Use & Planning
50 questions
Related Study Resources
Helpful Resources
Previous Question
Before any offer is made, a registrant representing a buyer learns that the seller of the home the buyer wants is the registrant's own sister. What must the registrant do under Ontario's Code of Ethics before continuing to act for the buyer?
Next Question
According to Canadian real estate ethics, what is the consequence of breaching client confidentiality?