Under Ohio law, seller's agent Fiona represents seller Mitch. Mitch asks Fiona to advertise the property as having 'lake access' when the property only has a distant view of the lake and no actual access to the waterfront. Under Ohio agency law, what should Fiona do?
Correct Answer
A) Refuse to use misleading advertising because the duty of obedience does not extend to deceptive practices, and advise Mitch to use accurate descriptions such as 'lake views'
Under Ohio agency law and the Canons of Ethics, advertising must be truthful and not misleading. The duty of obedience does not require compliance with instructions that would result in deceptive advertising. Fiona should recommend accurate descriptions.
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Related Topics & Key Terms
Key Terms:
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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