A Pennsylvania brokerage has been using designated agency exclusively for in-house transactions. During a transaction, the designated buyer's agent realizes that the property was previously listed by the buyer's agent herself, six months ago, for a different seller. The buyer's agent has inside knowledge about why the previous deal fell through (undisclosed foundation issues). What should the buyer's designated agent do?
Correct Answer
D) Disclose the prior foundation issues to the buyer because the duty of disclosure to the current client supersedes the duty of confidentiality to a former client
The buyer's designated agent has a current fiduciary duty of disclosure to the buyer. Known material defects, including foundation issues from a prior listing, must be disclosed to the current buyer client. The duty to disclose material facts to a current client generally takes precedence, especially when the information involves a material property defect that any licensee would be required to disclose.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.
An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.
The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.
More Pa Agency Consumer Notice Questions
In Pennsylvania, a seller hires a listing agent to sell their home. The listing agent has a duty to keep certain information confidential from prospective buyers. Which of the following is information the listing agent must keep confidential?
Which of the following agency relationship types is unique to Pennsylvania and described in the Consumer Notice?
A Pennsylvania licensee acting as a buyer's agent receives a call from the seller's agent informing her that the seller has received another offer. The buyer's agent's client has not yet submitted an offer. What is the buyer's agent's obligation?
A seller in York County, Pennsylvania, lists a property with Agent Brown. A buyer contacts Agent Brown directly to view the property without having their own agent. Agent Brown provides the Consumer Notice and explains the available options. If the buyer chooses not to sign a buyer representation agreement and proceeds without their own agent, what is Agent Brown's relationship to the buyer?
A Pennsylvania buyer asks her agent, 'What's the difference between you being my buyer's agent and you being a transaction licensee?' Which of the following is the most accurate comparison?
- → A Pennsylvania buyer's agent receives a deposit check from the buyer to accompany an offer. Under PA law, what must the agent do with the deposit?
- → In Pennsylvania, a buyer's agent shows a home to a client. After touring the property, the buyer asks the agent for the agent's personal opinion about whether the home is a good investment. What is the most appropriate response?
- → A Pennsylvania buyer's agent is showing a property to a client. The buyer asks, 'Is this a safe neighborhood?' What is the most appropriate response under PA law?
- → A Pennsylvania buyer's agent is representing a client who is also a close personal friend. The friend asks the agent to represent them for free. What agency law considerations apply?
- → A Pennsylvania licensee named Derek assists a buyer at an open house who later purchases the property. During an SREC audit, the auditor asks Derek for documentation proving he provided the Consumer Notice. Derek cannot find the Consumer Notice for this buyer. Which of the following best describes Derek's situation?
- → Patricia, a Pennsylvania licensee, is at a community event when a friend's colleague asks her about the current real estate market. The conversation progresses, and the colleague says, 'My lease is up in three months — I need to find a rental property in Scranton.' Patricia begins discussing available rental listings. What is Patricia's Consumer Notice obligation in this situation?
- → A Pennsylvania brokerage uses designated agency. The designated buyer's agent discovers that the property's zoning is being changed by the municipality, which would significantly increase the property's value for commercial use. The seller is unaware of this pending zoning change. What is the buyer's designated agent's obligation?
- → In a Pennsylvania designated agency transaction, the buyer's designated agent discovers through a title search that the property has an unrecorded easement that could affect the buyer's planned renovation. The seller's designated agent is unaware of this easement. What should the buyer's designated agent do?
- → A Pennsylvania brokerage uses designated agency in a transaction. After the agreement of sale is signed, the seller's designated agent leaves the brokerage for a different company. What should happen with the designated agency arrangement?
- → A Pennsylvania seller asks the listing agent how long the listing agreement will remain in effect. The agent explains that the duration is negotiable. Under PA law, which statement about listing agreement duration is correct?
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