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Texas Agency LawAgency_types_txMEDIUM

Listing agent Scott discovers during a showing that the foundation of the listed property has significant cracks that the seller did not disclose. The property is under an intermediary arrangement. What is Scott's obligation?

Correct Answer

A) Disclose the foundation cracks to all parties as a known material defect

Under Texas Occupations Code §1101.558, all license holders must disclose known material defects to all parties regardless of the agency relationship. Foundation cracks are a material defect that must be disclosed even in an intermediary arrangement.

Answer Options
A
Disclose the foundation cracks to all parties as a known material defect
B
Keep the information confidential as it was obtained during the listing relationship
C
Disclose the cracks only to the appointed license holder for the buyer
D
Report the cracks to TREC and wait for guidance before disclosing

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Related Topics & Key Terms

Key Terms:

material_defectfoundationdisclosure_dutyintermediary

Related Concepts

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.

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.

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