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Under Mississippi 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 Mississippi license law, a licensee who knows of a material defect affecting a property has a duty to disclose that defect to all parties in the transaction, regardless of which party the licensee represents. This obligation exists even if the client instructs the licensee to remain silent, as disclosure of material facts cannot be waived.

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

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Related Topics & Key Terms

Related Topics:

material factsseller disclosureMississippi Real Estate Brokers License ActMREC disciplinary actionsfraud and misrepresentation

Key Terms:

material defectdisclosureMississippi license lawnon-waivable dutyMREC

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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