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Texas Agency LawFiduciary_duties_txHARD

Broker Williams discovers that a former client's property, which Williams sold two years ago, has developed foundation problems. A new buyer contacts Williams interested in the property, which is now listed with a different brokerage. Does Williams have any disclosure obligation?

Correct Answer

B) Yes, Williams must disclose known material defects regardless of current agency status

Under Texas law, the duty to disclose known material defects applies to all license holders regardless of their relationship to the transaction. If Williams has knowledge of foundation problems, this material fact must be disclosed even though Williams is not directly involved in the current transaction.

Answer Options
A
No, because the agency relationship with the former seller has ended
B
Yes, Williams must disclose known material defects regardless of current agency status
C
No, because the property is listed with a different brokerage
D
Yes, but only if the new buyer signs a buyer representation agreement with Williams

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Related Topics & Key Terms

Key Terms:

material_factsformer_clientcontinuing_dutyfoundation

Related Concepts

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.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

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