Sandra is selling her single-family home in Provo, Utah. She completes the Seller's Property Condition Disclosure form and delivers it to the buyer, Marcus, before he signs the purchase contract. Marcus reviews the form and proceeds to sign the REPC. Three days later, Marcus claims he discovered a material defect that was not disclosed. Under the Utah Seller Disclosure Act, what is the seller's agent's responsibility regarding the accuracy of the disclosure form?
Correct Answer
C) The seller's agent must facilitate the delivery of the disclosure form but does not warrant its accuracy
Under Utah Code Ann. § 57-27, a real estate agent's role is to facilitate the disclosure process — ensuring the form is completed and delivered to the buyer in a timely manner. The agent does not warrant or guarantee the accuracy of the seller's statements on the disclosure form. The disclosure obligation rests with the seller, not the agent.
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More Mandated Disclosures Questions
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A Georgia licensee is preparing disclosures for a townhome sale. The property is located in an area where flood maps have recently been updated, the seller previously experienced minor water intrusion but considers it resolved, and certain environmental conditions are documented in public records. Which statement best describes the licensee's disclosure obligations?
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- → Agent must disclose all EXCEPT:
- → A Georgia licensee is preparing a seller's property disclosure for a residential listing. The seller mentions that a registered sex offender lives two doors away. Under O.C.G.A. § 44-1-16, how should this information be treated in the disclosure process?
- → A listing agent is asked by a buyer's agent about whether a property was previously used for illegal drug manufacturing. The activity ceased three years ago under a prior owner, and the current owner has had no incidents. Under Georgia law, what is the listing agent's disclosure obligation regarding this prior criminal activity?
- → A buyer's agent in Georgia is asked by a client whether the seller is required to disclose sex-offender registry information as part of the property-condition disclosure. Considering the scope and purpose of O.C.G.A. § 44-1-16, which of the following statements is correct?
- → In Vermont, a client refuses to allow a disclosure the licensee believes is necessary. Which statement is correct?
- → Licensee David represents a seller whose property was the site of a suicide two years ago. A potential buyer directly asks David if anyone has ever committed suicide in the home. Under Georgia law, what are David's options?
