An agent represents a seller whose property has been stigmatized by a suicide that occurred two years ago. A buyer's agent asks directly if there have been any deaths on the property. The seller has instructed the listing agent not to disclose this information. What should the listing agent do?

Option A: Follow the seller's instructions and deny any knowledge

Following the seller's instructions to deny knowledge would constitute lying when the agent knows about the suicide. This violates professional ethics and potentially provincial regulations. Agents cannot make false statements even when instructed by clients, as this could result in regulatory sanctions and legal liability.

Option B: Disclose the suicide as it's a material fact

While suicide might seem like a material fact, stigmatized property events aren't automatically considered material facts requiring disclosure in all provinces. Provincial laws specifically govern stigma disclosure, and assuming automatic disclosure obligation without checking jurisdictional requirements could lead to unnecessary disclosure or client relationship damage.

Option C: Refer the question to the seller directly

Referring the question directly to the seller doesn't resolve the agent's professional obligation to provide accurate information based on legal requirements. This approach avoids the agent's responsibility to understand and comply with provincial disclosure regulations and could still result in improper disclosure practices.