Real Estate · State Agency and Disclosure Requirements

What is a licensee's general duty to disclose known material defects in a property?

Correct answer

Disclose known material defects affecting the property's value or desirability to the parties as required, even though the licensee owes fiduciary duties to their own client

  1. A Conceal defects to help the seller
  2. B Disclose known material defects affecting the property's value or desirability to the parties as required, even though the licensee owes fiduciary duties to their own client
  3. C Disclose only defects the buyer asks about
  4. D Never disclose anything to the other side

Why this is the answer

Even while owing fiduciary duties to their client, a licensee generally must disclose known material defects — significant physical or other conditions affecting a property's value or desirability — to the parties, and must not conceal or misrepresent them. A seller's agent cannot help hide a known defect from a buyer, and most states require honest disclosure of material facts to all parties regardless of who the agent represents. Latent (hidden) defects known to the licensee are especially important to disclose. The specific disclosure forms and the line between a 'material' defect and minor issues vary by state, but the duty not to conceal known material defects is a consistent state-portion principle.
Source: Real Estate State Portion, Material Defect Disclosure

Practice more questions

This question is from our Real Estate License Practice Tests practice test. Take the full practice test to test your knowledge across all State Agency and Disclosure Requirements and other topics.

Take the Salesperson (State Law) practice test →

New to this exam? Our Real Estate exam guide explains the format, scoring, and how to prepare.

Related questions

State-specific guides

Need information for your state? Our state guides cover local requirements, fees, and what to expect on exam day.