A licensed salesperson in Michigan represents a buyer who is purchasing a home in Saginaw. During the transaction, the salesperson personally observes significant cracking in the exterior foundation walls during a showing, but the seller's disclosure statement makes no mention of foundation issues. The seller has instructed the listing agent not to volunteer any information about the foundation. Under Michigan law, what is the buyer's agent's most appropriate course of action?
Correct Answer
B) Disclose the observed foundation cracking to the buyer as a known material fact, regardless of the seller's instruction to the listing agent
Under MCL 339.2512d of the Michigan Occupational Code, all licensees — including buyer's agents — have an independent duty to disclose known material facts that affect the value or desirability of the property to all parties. The salesperson's personal observation of significant foundation cracking constitutes actual knowledge of a material fact. This duty exists regardless of the seller's instructions to the listing agent and cannot be waived by agency relationship. The buyer's agent must disclose this to the buyer.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Mandated Disclosures Question
Background Knowledge for Mandated Disclosures
Real World Application in Mandated Disclosures
Common Mistakes to Avoid on Mandated Disclosures Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
Megan's Law requires states to make information about registered sex offenders available to the public. Some states require real estate agents to inform buyers about the availability of sex offender registries.
Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
More Mandated Disclosures Questions
In Vermont, a client refuses to allow a disclosure the licensee believes is necessary. Which statement is correct?
In Vermont, unpermitted construction or septic work affects a Vermont property. Which statement is correct?
A Vermont licensee is asked about a seller's agent knows a serious property defect or limitation. What is the best answer?
In Vermont, a licensee markets a pre-1978 Vermont residential rental property. Which statement is correct?
In Vermont, a seller's agent knows a serious property defect or limitation. Which statement is correct?
- → In Vermont, covered pre-1978 property is shown to a buyer. Which statement is correct?
- → In Vermont, the property is subject to a right of first refusal. Which statement is correct?
- → A Vermont licensee is asked about unpermitted construction or septic work affects a Vermont property. What is the best answer?
- → An Oklahoma licensee is asked about a seller learns of a new defect after already delivering a disclosure or disclaimer statement. What is the best answer?
- → Which Oklahoma rule applies when a seller wants to use the Oklahoma disclaimer statement instead of a disclosure statement?
- → An Oklahoma licensee is asked about a seller of covered Oklahoma residential property is preparing for a buyer’s offer. What is the best answer?
- → In Oklahoma real estate practice, a seller has not yet accepted a purchaser’s offer. What should the licensee remember?
- → For the Oklahoma salesperson state portion, a disclosure statement is delivered after an offer to purchase has been made. Which statement is correct?
- → Which Oklahoma rule applies when a real estate licensee actually knows of a property defect that is not included in the seller’s disclosure statement?
- → In Oklahoma real estate practice, a newly constructed dwelling has never been occupied. What should the licensee remember?