An Ontario listing agent represents a seller whose home was the site of a suicide two years ago. A buyer's agent asks directly whether any deaths have occurred on the property. The seller has told the listing agent not to disclose it, and the seller has no legal obligation to disclose it. What should the listing agent do?
Correct Answer
A) Decline to answer rather than lie, and advise the seller of the risks
Neither TRESA nor its regulations require stigma disclosure, and where the seller has no legal obligation to disclose, Code of Ethics s. 12 bars the listing agent from revealing the client's confidential information without written consent. Code s. 5 forbids misrepresentation, so the agent may not deny the death either. The agent should decline to answer and advise the seller about the risks of silence, disclosing only if the seller consents in writing.
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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?
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