Mark, a listing agent in California, learns from the seller that one unit in a fourplex has a persistent mold issue. The seller asks Mark not to disclose the mold because the seller plans to remediate before closing. What is Mark's legal obligation?
Correct Answer
C) Disclose the mold issue on his agent section of the TDS regardless of the seller's wishes
Under California Civil Code §1102.6 and §2079, the listing agent has an independent legal duty to disclose all known material facts to the buyer. Knowledge of a mold issue is a material fact, and the agent cannot withhold this information regardless of the seller's instructions. The duty of honest dealing overrides the seller's request.
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A seller completing the Transfer Disclosure Statement in California must disclose various property conditions. All of the following must be disclosed on the TDS EXCEPT:
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Patricia buys a home in Oakland, California. After closing, she discovers the seller knew about a termite infestation but did not disclose it on the TDS. Under California law, which is the strongest legal basis for Patricia's claim against the seller?