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Buyer's agent Pam represents Ed in Ohio. A home inspection reveals that the property's septic system was installed without the required county permits. The seller states he was unaware of the violation. Ed asks Pam how to proceed. Which response best reflects Pam's obligations under Ohio agency law?

Correct Answer

C) Inform Ed that the unpermitted system is a material fact affecting value, insurability, and legal compliance, and recommend consulting environmental and legal professionals before proceeding

Under Ohio agency law, an unpermitted septic system is a material fact because it can affect property value, insurability, financing, and the buyer's potential legal liability after closing. Pam's fiduciary duties of disclosure and reasonable care require her to fully inform Ed of these implications and recommend consultation with qualified environmental and legal professionals before Ed makes a final decision.

Answer Options
A
Advise Ed that because the seller had no knowledge of the violation, it does not constitute a material defect requiring further action
B
Recommend that Ed request the seller remedy the permit issue or adjust the price, without seeking outside professional guidance
C
Inform Ed that the unpermitted system is a material fact affecting value, insurability, and legal compliance, and recommend consulting environmental and legal professionals before proceeding
D
Advise Ed that the issue is between the seller and the county, and that it will not affect Ed's ownership rights once title transfers

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Related Topics & Key Terms

Key Terms:

buyer_agentunpermitted_workseptic_systemmaterial_factprofessional_referralORC_4735
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