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AgencyMaterial Fact DisclosureEASY

Under Delaware law, what is a licensee's obligation regarding a known material defect in a property?

Correct Answer

B) Disclose the defect to all parties in the transaction

Under Delaware law (24 Del. C. Chapter 29), a licensee is required to disclose all known material defects to all parties in a transaction, regardless of whom the licensee represents. This duty to disclose material facts cannot be waived and applies even when the licensee represents the seller.

Answer Options
A
Disclose the defect only if the buyer directly asks about it
B
Disclose the defect to all parties in the transaction
C
Keep the defect confidential to protect the seller's interests
D
Require the seller to fix the defect before listing the property

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Related Topics & Key Terms

Related Topics:

seller's disclosurematerial factsfiduciary dutiesfraud and misrepresentationas-is sales

Key Terms:

material defectdisclosure24 Del. C. Chapter 29licensee dutyseller's disclosure

Related Concepts

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

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.

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