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AgencyDisclosure_requirementsMEDIUM

A Utah listing agent learns that the seller's property has a cracked foundation. The seller instructs the agent not to disclose this to potential buyers. What should the agent do?

Correct Answer

B) Disclose the defect because Utah law requires disclosure of known material defects regardless of seller instruction

Under Utah law, an agent has a duty to disclose all known material defects that could affect the property's value or desirability, even if the seller instructs otherwise. Failure to disclose known material defects is a violation of Utah licensing law and can result in disciplinary action.

Answer Options
A
Follow the seller's instruction since the seller is the client
B
Disclose the defect because Utah law requires disclosure of known material defects regardless of seller instruction
C
Only disclose if asked directly by the buyer
D
Withdraw from the listing without any disclosure

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Related Topics & Key Terms

Related Topics:

material defect disclosureUtah Code §57-27Seller's Real Property Disclosurefiduciary dutiesagent liability

Key Terms:

material defectdisclosure dutyUtah Code §57-27seller instructionfiduciary duty

Related Concepts

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

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