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Agency & Professional EthicsABMEDIUM

An Alberta real estate associate learns that a property they are listing has a significant structural defect that the seller has not disclosed. What is the associate's obligation?

Correct Answer

B) The associate must advise the seller to disclose the defect and may refuse to continue marketing the property if the seller refuses to disclose

Under the RECA Code of Conduct, an industry professional cannot knowingly participate in a misrepresentation. The associate must advise the seller of their duty to disclose known latent defects. If the seller refuses, the associate should consider terminating the listing, as continuing could make the associate complicit in the non-disclosure.

Answer Options
A
The associate should ignore the defect to maintain the seller's confidentiality
B
The associate must advise the seller to disclose the defect and may refuse to continue marketing the property if the seller refuses to disclose
C
The associate should lower the listing price without explaining why
D
The associate should only tell the buyer's agent informally

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Key Terms

material latent defectmisrepresentationdisclosure obligationlisting termination
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