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Pa Agency Consumer NoticeSeller_agent_dutiesHARD

A Pennsylvania seller's agent lists a property and includes a virtual tour on the MLS. In the virtual tour, the agent uses a wide-angle lens that makes the rooms appear 30% larger than actual size. A buyer purchases the property relying on the virtual tour and later discovers the rooms are smaller than expected. What liability risk does the agent face?

Correct Answer

C) Potential liability for misrepresentation if the virtual tour materially misled the buyer about the property's actual dimensions

Under Pennsylvania law, a seller's agent has a duty of honesty to all parties. Marketing materials, including virtual tours, that materially misrepresent the property's characteristics could constitute misrepresentation. If the wide-angle photography creates a materially misleading impression of room sizes, the agent could face liability for the misrepresentation.

Answer Options
A
No risk because virtual tours are understood to be approximate representations
B
Liability only if the agent explicitly stated the room dimensions in the listing
C
Potential liability for misrepresentation if the virtual tour materially misled the buyer about the property's actual dimensions
D
No risk because the buyer had the opportunity to view the property in person before closing

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Related Topics & Key Terms

Key Terms:

seller_agentvirtual_tourmisrepresentationmarketing

Related Concepts

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.

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.

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