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Agency Relationships DisclosuresStigmatized_property_nyHARD

Robert, a real estate agent in Nassau County, is showing a property to a couple with young children. He knows the property was the site of a domestic violence incident that resulted in a fatality two years ago. The couple mentions they specifically chose this neighborhood because they researched crime statistics and found it to be very safe. Should Robert disclose the domestic violence incident?

Correct Answer

D) No, because the incident is protected under New York's stigmatized property law regardless of the buyers' concerns

Under New York Real Property Law Article 12-A, domestic violence resulting in death is considered both a crime and a death that occurred on the property, both of which are protected from required disclosure. The buyers' research methodology or concerns about safety do not override the statutory protection for stigmatized properties.

Answer Options
A
Yes, because the couple's safety research shows this information is material to their decision
B
Yes, because domestic violence cases involving fatalities require disclosure when children are involved
C
No, unless the couple specifically asks about violent crimes that occurred on the property
D
No, because the incident is protected under New York's stigmatized property law regardless of the buyers' concerns

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Related Topics & Key Terms

Key Terms:

domestic_violencesafety_researchchildrencrime_statistics

Related Concepts

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.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

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