A listing agent becomes aware that a registered sex offender lives near a property the agent has listed for sale. Which of the following best describes the agent's disclosure obligation under California law?
Correct Answer
B) The agent need not investigate or disclose offender locations, though the contract must carry the Megan's Law notice
California resolves this by notice rather than by research: the agent has no duty to investigate or disclose where registered offenders live, and the purchase contract must contain the statutory paragraph pointing buyers at the database so they can look for themselves. Other choices: proactive disclosure is not required and invites fair housing exposure; the duty does not switch on because a buyer asks; and the database is not off limits, since the contract is required to reference it.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.
More Laws Of Agency Fiduciary Duties Questions
Under California law, the agency disclosure requirements apply to which types of property?
Under California law, when must a buyer's agent give the agency disclosure form to the buyer?
A broker who fails to promptly disclose their dual agency status is subject to:
A broker’s fiduciary obligation to protect a seller’s confidential information continues:
A broker has an exclusive agency listing on a property. If the owner sells the property, the broker is entitled to:
- → Under California Business and Professions Code §10140.6, what must a licensee disclose on solicitation materials intended to be the first point of contact with consumers, such as a business card or an open house sign?
- → A California buyer's agent fails to note a material defect during the visual inspection required by Civil Code §2079. The buyer discovers the defect eight months after close of escrow and wants to sue the agent for breach of that inspection duty. What limitations period applies?
- → Broker Chuck listed a duplex for sale from a corporate owner. After entering into the listing, the officers of the corporation die in a plane crash. What happens to the listing?
- → A listing broker sells an office building to a syndicate of which the broker is a member without informing the seller of this interest. Before closing, the seller discovers the broker’s interest and refuses to sell. What would happen in a civil suit to collect a commission?
- → A California real estate salesperson leaves one brokerage and is retained by another. Who reports the change to the Department of Real Estate, and by when?
- → After a seller accepts an offer, the seller's agent receives a second written offer at a higher price before the sale closes. California licensing rules require the agent to present that offer to the seller. Which fiduciary duty does this requirement carry out?
- → The creation of a valid agency relationship between a principal and an agent requires:
- → Without being licensed as an escrow officer, a broker may not handle escrow activities when they:
- → Seller Sally lists her property with Agent Fred and receives an offer. Agent Fred convinces Seller Sally to accept the offer by verbally promising her he will find her an ideal replacement home before the close of escrow. Agent Fred is unable to find an acceptable replacement home for Seller Sally before the close of escrow. Which of the following is most correct?
- → All of the following statements are true concerning an in-house sale, except:
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Under California law, the duty of reasonable care and diligence requires a real estate agent to perform all of the following EXCEPT: