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Environmental Issues Ny Disclosure RequirementsLead_paint_nyHARD

A New York real estate agent discovers that their seller client failed to disclose known lead-based paint hazards in a 1969 home. The buyer has already signed the contract but has not yet conducted their lead inspection. What is the agent's primary legal obligation?

Correct Answer

B) Advise the seller to provide proper disclosure and ensure buyer receives required information

Under New York DOS regulations and federal law, real estate agents have a duty to ensure proper disclosure compliance. The agent must advise the seller to provide accurate disclosure and ensure the buyer receives all required lead-based paint information, regardless of contract status.

Answer Options
A
Immediately withdraw from the representation to avoid liability
B
Advise the seller to provide proper disclosure and ensure buyer receives required information
C
Wait to see if the buyer's inspection discovers the lead hazards
D
Suggest the seller reduce the price instead of providing disclosure

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Related Topics & Key Terms

Key Terms:

lead_paintagent_dutiesdisclosure_violationprofessional_responsibility

Related Concepts

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.

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