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Under Ohio law, seller's agent Beth lists a property for seller Carl. Beth's brokerage also manages the rental property next door and knows that the tenant has filed multiple noise complaints against Carl's property. Under Ohio agency law, must Beth disclose the noise complaint history to prospective buyers?

Correct Answer

B) Yes, because known neighborhood conditions that could affect property value or enjoyment are material facts that must be disclosed to all parties

Under Ohio agency law, known conditions affecting the property's value or a buyer's enjoyment constitute material facts. A history of noise complaints from the neighboring property is relevant information that must be disclosed to prospective buyers.

Answer Options
A
No, because noise complaints from a neighboring property are not material facts about the listed property
B
Yes, because known neighborhood conditions that could affect property value or enjoyment are material facts that must be disclosed to all parties
C
No, because her brokerage's relationship with the neighboring tenant creates a confidentiality obligation
D
Yes, but only after the buyer makes an offer

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Related Topics & Key Terms

Key Terms:

seller_agentnoise_complaintsneighboring_propertymaterial_factdisclosureORC_4735

Related Concepts

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

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