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Under California law, a real estate agent discovers that the property's heating system is not functioning. This is a fact the agent learned through their visual inspection. The agent must disclose this to:

Correct Answer

C) Both the buyer and the seller, as material facts must be disclosed to all parties

Under California Civil Code §2079 and §2079.16, material facts discovered through the agent's visual inspection must be disclosed to all parties in the transaction — both the buyer and the seller. The agent owes duties of honest and fair dealing to all parties, and material property defects must be communicated to everyone involved.

Answer Options
A
Only the seller, because the agent represents the seller
B
Only the buyer, because the defect affects the buyer's interests
C
Both the buyer and the seller, as material facts must be disclosed to all parties
D
Only the DRE as part of the agent's regulatory reporting obligations

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Related Topics & Key Terms

Key Terms:

disclosureall_partiesheating_systemmaterial_defect

Related Concepts

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

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