Connecticut salesperson Nina represents buyer Derek. Derek is purchasing a property from seller Carl, who is represented by a different broker. After the purchase agreement is signed, Nina learns that the property may be subject to the Connecticut Transfer Act because Carl's business previously stored industrial solvents on-site. Nina also discovers that Carl failed to include this information in the property condition disclosure report required under CGS § 20-327b. Derek's attorney is already involved in the transaction. Nina does not inform Derek of the Transfer Act issue, reasoning that the attorney will discover it during title review. Under Connecticut agency law, which statement best describes Nina's conduct?

Question

AgencyFiduciary_dutiesHARD

Connecticut salesperson Nina represents buyer Derek. Derek is purchasing a property from seller Carl, who is represented by a different broker. After the purchase agreement is signed, Nina learns that the property may be subject to the Connecticut Transfer Act because Carl's business previously stored industrial solvents on-site. Nina also discovers that Carl failed to include this information in the property condition disclosure report required under CGS § 20-327b. Derek's attorney is already involved in the transaction. Nina does not inform Derek of the Transfer Act issue, reasoning that the attorney will discover it during title review. Under Connecticut agency law, which statement best describes Nina's conduct?

Answer Options

A

Nina's conduct is proper because the attorney's involvement satisfies Nina's disclosure obligation through the doctrine of constructive notice

B

Nina fulfilled her fiduciary duty because the Transfer Act applies to sellers and attorneys, not to buyer's agents

C

Nina violated her duty of disclosure and reasonable care by relying on the attorney to discover a material fact she already knew

D

Nina's conduct is excusable because the Transfer Act issue was not included in the seller's CGS § 20-327b disclosure report, limiting Nina's knowledge