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AgencyFiduciary_dutiesMEDIUM

Agent Rosa is a Michigan-licensed salesperson who represents seller Mr. Thompson. Rosa discovers through her own research that the neighborhood where Mr. Thompson's property is located is scheduled for a major highway expansion that will significantly increase traffic noise. Mr. Thompson is unaware of this plan. What are Rosa's obligations under Michigan agency law?

Correct Answer

B) Disclose the highway expansion plan to Mr. Thompson so he can decide how to handle it, and also disclose it to prospective buyers as a material fact

Rosa has dual disclosure obligations under Michigan law. First, as Mr. Thompson's fiduciary agent, she must disclose all material facts she discovers that affect his property or the transaction (MCL 339.2512d). Second, she must not misrepresent or conceal material facts from buyers. A planned highway expansion that will increase traffic noise is clearly material to a buyer's decision. Rosa must inform Mr. Thompson and ensure buyers are also made aware.

Answer Options
A
Disclose the highway expansion plan to prospective buyers only, since it is a material fact affecting the property's value
B
Disclose the highway expansion plan to Mr. Thompson so he can decide how to handle it, and also disclose it to prospective buyers as a material fact
C
Keep the information confidential from all parties because it could negatively affect the listing price
D
Wait until a buyer submits an offer before disclosing the highway expansion, to avoid deterring showings

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesdisclosurematerial_factsseller_agency

Related Concepts

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

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