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Real Property LawProfessional ObligationsONMEDIUM

Under TRESA and RECO regulations, what must a real estate registrant do when they discover a potential title defect during a transaction?

Correct Answer

C) Immediately disclose the defect to their client and recommend legal advice

TRESA requires registrants to act in their clients' best interests and provide competent service, which includes immediately disclosing any discovered title defects and recommending that clients obtain appropriate legal advice to address the issue properly.

Answer Options
A
Complete the transaction and let the lawyer handle any title issues
B
Contact the other party's lawyer directly to resolve the issue
C
Immediately disclose the defect to their client and recommend legal advice
D
Postpone the transaction indefinitely until the defect is resolved

Why This Is the Correct Answer

Option C correctly reflects TRESA's requirement that registrants act in their clients' best interests by providing competent service and full disclosure. Under TRESA sections dealing with client service standards, registrants must immediately inform clients of any material facts affecting the transaction, including title defects. Since title issues require legal expertise beyond a registrant's scope of practice, recommending legal advice ensures the client receives appropriate professional guidance while fulfilling the registrant's disclosure obligations.

Why the Other Options Are Wrong

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Key Terms

TRESAtitle defectdisclosurelegal adviceclient service
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