Sandra is a broker representing a buyer, David, who is under contract to purchase a 20-acre parcel in a rural area of Lane County. The parcel is outside the city of Springfield's UGB and is zoned Exclusive Farm Use (EFU). David intends to subdivide the parcel into five 4-acre residential lots and sell them individually. After reviewing the listing, Sandra discovers the seller did not disclose the EFU zoning or the parcel's location outside the UGB. Which of the following best describes the combined legal and professional obligations at issue?
Correct Answer
A) Sandra must disclose the EFU zoning and UGB status to David because these are material facts affecting the property's permitted uses and value, and the seller's failure to disclose may constitute a material omission
Sandra, as David's buyer's broker, has a fiduciary duty to disclose all material facts affecting the property, including the EFU zoning and the parcel's location outside Springfield's UGB. Both facts are material because they directly affect the property's permitted uses and value — EFU zoning under ORS Chapter 215 severely restricts non-farm uses, and the location outside the UGB prohibits urban residential subdivision. The seller's failure to disclose these facts may also constitute a material omission under the Oregon Seller's Property Disclosure Act (ORS 105.462–105.490) and potentially a misrepresentation under ORS Chapter 696. Sandra must inform David of these restrictions before he proceeds.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
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