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Under Ohio law, salesperson Webb is a buyer's agent for client Ruiz. During a showing, Ruiz asks Webb to recommend a specific home inspector who Webb knows provides superficial inspections and rarely identifies problems. What should Webb do?

Correct Answer

A) Refuse to recommend that inspector and instead provide a list of qualified inspectors, advising the client of the importance of a thorough inspection

Under ORC §4735.62, the fiduciary duty of reasonable care requires the agent to act in the client's best interest. Recommending an inspector known to be substandard would breach this duty. The agent should provide qualified alternatives.

Answer Options
A
Refuse to recommend that inspector and instead provide a list of qualified inspectors, advising the client of the importance of a thorough inspection
B
Recommend the inspector but disclose that the inspector tends to provide less thorough reports
C
Recommend the inspector as requested because the duty of obedience requires following client directions
D
Tell the client that agents are prohibited from making any recommendations about home inspectors

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Related Topics & Key Terms

Key Terms:

reasonable_carehome_inspectorfiduciary_dutyORC_4735

Related Concepts

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

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