Broker Williams operates under dual agency with designated sales associates. The seller's designated associate discovers a material defect that could affect the buyer's decision. What must happen?
Correct Answer
A) The material defect must be disclosed to the buyer
Material defects must be disclosed regardless of the agency relationship as this involves legal disclosure requirements, not confidential information. Keeping material defects confidential would violate disclosure laws. The broker cannot choose to hide material defects. While the seller's associate can advise privately, the defect must still be disclosed to the buyer.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.
Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.
HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.
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Consent to transition from single agent to transaction broker in Florida must be:
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A Florida licensee working with a customer in a no brokerage relationship:
Agent Rodriguez discovers that a property has had previous termite damage that was repaired. The seller instructs Rodriguez not to disclose this information to potential buyers. What should Rodriguez do?
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- → In a dual agency with designated sales associates, the buyer's agent learns the seller is facing foreclosure and needs to close quickly. The seller's agent doesn't know this information. What should the buyer's agent do?
- → Broker Smith's firm represents the seller under a single agent relationship. During the transaction, the buyer asks Broker Smith to also represent them. If Broker Smith agrees, what must happen?
- → Broker Chen represents buyer Park as a single agent. Park finds a property he likes, but Chen discovers the property has a lien that the seller hasn't disclosed. The seller's agent is unaware of the lien. What should Chen do?
- → A Florida real estate brokerage has a policy that all licensees work as transaction brokers unless a single-agent relationship is specifically requested in writing. A prospective buyer calls the office asking about listed properties. Under current Florida law (F.S. 475.278), what disclosure obligation applies regarding the transaction-broker relationship?
- → Under Florida law (F.S. § 475.272 and § 475.278), which statement most accurately describes Florida's rules on brokerage relationships in a residential real estate transaction?
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- → Which duty is NOT owed by a Florida transaction broker?
- → A Florida single agent owes the principal all duties EXCEPT:
