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Agency & Professional EthicsABMEDIUM

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

Correct Answer

D) The associate must disclose the defect to all buyers and refuse further service if told to hide it

Rule 57(i) of the RECA Rules requires a seller's agent to disclose to all buyers all material latent defects affecting the property that the licensee knows about. If the seller instructs the associate to withhold that disclosure, Rule 41(j) says the associate must refuse to provide further services to the seller.

Answer Options
A
The associate should ignore the defect to maintain the seller's confidentiality, which the associate owes as the seller's agent
B
The associate should lower the listing price without explaining why, so the defect is priced in
C
The associate should only tell the buyer's agent informally, keeping it out of writing
D
The associate must disclose the defect to all buyers and refuse further service if told to hide it

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Key Terms

material latent defectRule 57(i)Rule 41(j)seller's agentstructural defect
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