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AgencyFiduciary_dutiesEASY

Sarah is a Maryland licensee representing the Garcias as their seller's agent. During a showing, the Garcias' neighbor tells Sarah that the basement flooded twice last year, but the Garcias have not mentioned this to Sarah. Based on Maryland fiduciary duty principles, what should Sarah do?

Correct Answer

D) Investigate the flooding claim and disclose any confirmed material defects to prospective buyers

Under Maryland law, a licensee has a duty of reasonable care and disclosure. When Sarah receives information suggesting a potential material defect, she must investigate to determine its accuracy and then disclose any confirmed material facts to prospective buyers. She cannot simply ignore credible information that may affect a buyer's decision, nor can she disclose unverified hearsay without investigation.

Answer Options
A
Disclose the flooding information to all prospective buyers immediately, as it is a material fact
B
Keep the information confidential to protect the Garcias' interests as her clients
C
Ignore the neighbor's comment because hearsay from a non-client is not actionable
D
Investigate the flooding claim and disclose any confirmed material defects to prospective buyers

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesdisclosurematerial_factssellers_agentreasonable_care

Related Concepts

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

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