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AgencyBuyer_agency_dutiesMEDIUM

Broker Priya represents buyer Marcus as a client in Washington. After Marcus's offer is accepted, Priya learns from a neighbor that the property has a history of flooding not disclosed on the seller's Form 17. The seller has already provided the Form 17 and the three-business-day rescission period has not yet expired. Under RCW 18.86, what should Priya do?

Correct Answer

D) Priya should immediately disclose the flooding history to Marcus so he can make an informed decision before the rescission period expires

Under RCW 18.86.040(1)(d), Priya owes Marcus the duty of disclosure of all material facts known to her that are not apparent or readily ascertainable by Marcus. A history of flooding is a material fact. Priya must disclose this immediately, and doing so while the three-business-day rescission period under RCW 64.06 is still open allows Marcus to exercise his statutory right to rescind if he chooses. Delaying disclosure would harm Marcus and violate Priya's statutory duties.

Answer Options
A
Priya should inform the listing broker of the flooding information and let the listing broker decide whether to tell Marcus
B
Priya should wait until after the rescission period expires before telling Marcus to avoid disrupting the transaction
C
Priya should contact the DOL first and obtain guidance before telling Marcus about the flooding
D
Priya should immediately disclose the flooding history to Marcus so he can make an informed decision before the rescission period expires

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Related Topics & Key Terms

Key Terms:

buyer_agencydisclosure_dutymaterial_factsform_17rescission_periodrcw_18_86

Related Concepts

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

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