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Mandated DisclosuresMaterial Defect DisclosureMEDIUM

A licensee who deliberately hides a known material defect from a buyer is guilty of which of the following?

Correct Answer

B) Fraudulent misrepresentation

Under Delaware law (24 Del. C. Ch. 29) and the Delaware Seller Disclosure of Real Property Condition Act, a licensee who knowingly conceals a material defect from a buyer commits fraudulent misrepresentation. This can result in license suspension or revocation, civil liability, and potentially criminal penalties. Silence or concealment of a known material defect is never acceptable conduct for a licensee.

Answer Options
A
Acceptable conduct if the buyer did not specifically ask about the defect
B
Fraudulent misrepresentation
C
A minor violation subject only to a small administrative fine
D
A tax reporting violation

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Related Topics & Key Terms

Related Topics:

seller disclosurematerial defectsfraudulent misrepresentationlicensee dutiesDelaware Real Estate Commission

Key Terms:

fraudulent misrepresentationmaterial defectdisclosure dutyconcealmentlicensee liability
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