A California seller transfers a single-family home to a buyer. The Seller Property Questionnaire (SPQ) is provided along with the TDS. The buyer's agent notices that the seller answered 'No' to a question about neighborhood nuisances on the SPQ, but the listing agent's TDS section notes heavy traffic noise on the street. What should the buyer's agent do?
Correct Answer
D) Flag the inconsistency for the buyer, recommend further investigation, and document the discrepancy
The buyer's agent has a fiduciary duty to the buyer to identify and flag inconsistencies in disclosures. A discrepancy between the seller's SPQ response and the listing agent's TDS findings should be brought to the buyer's attention, and further investigation should be recommended. The agent should document the discrepancy for the buyer's protection.
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Previous Question
A dual agent in California is handling the sale of a residential property. The seller tells the dual agent about a recurring drainage problem in the backyard. The dual agent owes fiduciary duties to both the buyer and the seller. Regarding the drainage issue, what must the dual agent do?
Next Question
A buyer's agent represents a purchaser in a California residential transaction but never conducts a visual inspection of the property and leaves the agent section of the Transfer Disclosure Statement blank at closing. Which of the following best describes the legal consequence of the buyer's agent's failure?