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Buyer's agent Kevin represents Sarah in a purchase negotiation. The listing agent voluntarily discloses to Kevin that the seller has already purchased a new home and must close quickly. Under Ohio agency law, how should Kevin handle this information?

Correct Answer

B) Disclose the information to Sarah promptly, as it is material to her negotiating position

Under ORC 4735.63, a buyer's agent owes the client a duty of full disclosure of all material information that could affect the client's decisions. The seller's need to close quickly is directly material to Sarah's negotiating position — it may support a lower offer price, a shorter inspection period, or other favorable terms. Kevin must disclose this information to Sarah promptly and without filtering it to manage her strategy.

Answer Options
A
Disclose the information to Sarah only after an initial offer has been submitted, to avoid influencing her opening bid
B
Disclose the information to Sarah promptly, as it is material to her negotiating position
C
Treat the information as confidential because it was shared between agents in a professional context
D
Disclose the information to Sarah but also inform the seller's agent that the disclosure has been passed along

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Related Topics & Key Terms

Key Terms:

buyer_agentfiduciary_dutydisclosure_to_clientseller_urgencyORC_4735
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