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Licensee Tara represents seller Phil. During the inspection period, the buyer's inspector discovers significant water damage that Tara was previously unaware of. What is Tara's primary obligation under Ohio agency law now that she has knowledge of this condition?

Correct Answer

C) She must disclose this known material fact to the current buyer and, if the damage remains unrepaired, in any future transactions involving this property

Under Ohio law, a licensee must disclose all known material facts that could affect the transaction, regardless of how that knowledge was acquired. Once Tara learns of the water damage — even through the buyer's inspector — it becomes a known material fact she is obligated to disclose. That duty is not limited to the current transaction; if the damage remains unrepaired, Tara must disclose it in any future transaction involving the property. ORC 4735.67 and Ohio's agency disclosure framework both support this continuing obligation.

Answer Options
A
She must disclose the water damage to the current buyer only, because her duty of disclosure expires once this transaction closes
B
She has no disclosure obligation because the damage was discovered by the buyer's inspector rather than by Tara personally
C
She must disclose this known material fact to the current buyer and, if the damage remains unrepaired, in any future transactions involving this property
D
She must withdraw from the transaction and allow Phil to negotiate directly with the buyer to avoid liability for the newly discovered defect

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Related Topics & Key Terms

Key Terms:

material_factwater_damageongoing_dutydisclosureORC_4735
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