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Texas Agency LawFiduciary_duties_txMEDIUM

Sales agent Foster is the buyer's agent in a transaction. The home inspection reveals that the HVAC system is 20 years old and nearing the end of its expected lifespan. The seller did not disclose this. What should Foster advise the buyer?

Correct Answer

B) Negotiate for the seller to replace the HVAC system or provide a repair credit based on the inspection findings

As the buyer's agent, Foster owes fiduciary duties including advising on negotiation strategy. Recommending that the buyer negotiate for a replacement or credit is sound advice based on the inspection findings.

Answer Options
A
Withdraw from the transaction immediately because of the aged HVAC system
B
Negotiate for the seller to replace the HVAC system or provide a repair credit based on the inspection findings
C
Ignore the HVAC age because it is within the buyer's responsibility to assess during due diligence
D
Report the seller to TREC for failing to disclose the HVAC age

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Related Topics & Key Terms

Key Terms:

buyer_agentHVACinspectionnegotiation_advice

Related Concepts

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

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