Robert is a Connecticut listing agent representing the seller of a residential property. During a walkthrough, Robert notices what appears to be mold growth behind a basement wall panel that the seller has not disclosed. The seller tells Robert to say nothing about it. Under Connecticut law and professional obligations, what should Robert do?
Correct Answer
B) Disclose the observed mold condition to prospective buyers as a known material fact, regardless of the seller's instruction
Connecticut licensees have an independent duty to disclose known material facts to all parties, regardless of the seller's instructions. Mold growth is a material fact that could significantly affect the property's value or a buyer's decision to purchase. Under CGS § 20-327b and the licensee's duties under Chapter 392, Robert cannot follow a seller's instruction to conceal a known material defect. Doing so could violate CUTPA (CGS § 42-110a) and subject Robert to license discipline by the CREC.
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Under Connecticut's Residential Property Condition Disclosure Act (CGS § 20-327b), which of the following is NOT typically required to be disclosed on the seller's property condition disclosure report?