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Pa Agency Consumer NoticeSeller_agent_dutiesMEDIUM

A Pennsylvania seller's agent knows that the seller's roof leaks during heavy rain. The seller instructs the agent not to mention the roof problem to potential buyers. What must the seller's agent do?

Correct Answer

D) Disclose the roof leak to potential buyers because the agent has a duty to disclose known material defects

Under Pennsylvania law, a seller's agent must disclose known material defects to potential buyers. A leaking roof is a material defect that affects the property's value and habitability. The duty to disclose material defects overrides the seller's instruction to conceal the problem.

Answer Options
A
Follow the seller's instruction because the duty of obedience requires carrying out client directions
B
Remove the listing and refuse to sell the property until the seller repairs the roof
C
Wait for buyers to discover the leak during their own inspections
D
Disclose the roof leak to potential buyers because the agent has a duty to disclose known material defects

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Related Topics & Key Terms

Key Terms:

seller_agentmaterial_defectroof_leakdisclosure_duty

Related Concepts

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

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