Linda is selling a residential property in coastal Maine that sits within 200 feet of a great pond. The seller's property disclosure statement she completed does not mention the shoreland zoning status of the property. Her listing agent, David, is aware that the property falls within Maine's shoreland zone. Which of the following most accurately describes David's obligation under Maine law and professional standards?

Correct Answer

C) David must disclose the shoreland zoning status to prospective buyers, as it is a material fact affecting property use and value, regardless of what the seller included in the disclosure form

Under the Maine Real Estate Brokerage Act (32 M.R.S. §§ 13001–13281) and the Maine Shoreland Zoning Act (38 M.R.S. §§ 435–449), shoreland zoning status is a material fact that significantly affects property use and value. A Maine licensee who is aware of a material fact has an affirmative duty to disclose it to prospective buyers, regardless of whether the seller included it in the disclosure statement. David's knowledge of the shoreland zone status obligates him to ensure this information is communicated to buyers.