An Ohio licensee representing the seller observes visible foundation cracks during a showing that were not previously disclosed to them. Which of the following correctly describes the licensee's obligation regarding this condition?
Correct Answer
B) Disclose the cracks to the buyer, because Ohio licensees owe material fact disclosure to all parties regardless of representation
Under ORC §4735.62, Ohio licensees owe the duty of honest dealing and disclosure of known material facts to all parties in a transaction, not only to the party they represent. Visible foundation cracks constitute a known material fact that could affect the buyer's decision, and the seller's agent is obligated to disclose them to the buyer regardless of the agency relationship.
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