Under Ohio law, listing agent Simmons's client tells Simmons that the roof leaks badly every time it rains. The seller asks Simmons not to tell potential buyers. Under ORC Chapter 4735, what must Simmons do?
Correct Answer
B) Inform the seller that the defect must be disclosed to potential buyers, and if the seller refuses, consider withdrawing from the listing
Under ORC §4735.67, Ohio agents owe a duty of honesty to all parties. The duty of obedience does not require agents to conceal known material defects. Simmons must inform the seller of the disclosure obligation, and if the seller refuses, Simmons should consider terminating the relationship.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.
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.
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