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Under Ohio law, a buyer's agent learns that an adjacent property contains environmental contamination from a former gas station. The contamination has not been raised in the transaction. Which of the following best describes the agent's obligation?

Correct Answer

A) Disclose the contamination to the buyer as a known material fact that may affect the property's value or habitability

Under Ohio agency law, a buyer's agent owes a fiduciary duty of full disclosure to the client. Environmental contamination on an adjacent parcel is a known material fact if it could reasonably affect the property's value, habitability, or the buyer's health and safety. The duty to disclose is not limited to conditions on the listed property itself — proximity to contamination is sufficient to trigger disclosure regardless of where the source is located.

Answer Options
A
Disclose the contamination to the buyer as a known material fact that may affect the property's value or habitability
B
Disclose the contamination to the buyer only if the seller's agent confirms it has affected the listed property directly
C
Withhold the information until after the inspection period to avoid prematurely alarming the buyer
D
Refer the buyer to an environmental attorney and take no further action until legal guidance is received

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Related Topics & Key Terms

Key Terms:

buyer_agentenvironmental_contaminationmaterial_factadjacent_propertyfiduciary_dutyORC_4735
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