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Agency & Professional EthicsDisclosure ObligationsEASY

A listing agent learns of a material latent defect in the property that the seller is legally required to disclose to buyers. What must the agent do?

Correct Answer

C) Disclose it to every interested buyer

O. Reg. 567/05 s. 22.2 says that if a seller has a legal obligation to disclose a fact to the buyer and the seller's broker or salesperson knows it, the broker or salesperson shall disclose it to every buyer who expresses an interest in the property. The agent must also make best efforts to get each buyer's written acknowledgement. Client confidentiality does not cover a fact the seller is legally bound to disclose.

Answer Options
A
Keep the information confidential to protect the seller's interests
B
Only mention it if directly asked by a buyer
C
Disclose it to every interested buyer
D
Wait for a home inspection to reveal the issue

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Key Terms

latent defectmaterial factss. 22.2seller disclosurelisting agent
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