Real Estate · General

What must a licencee disclose to a client they are representing?

Correct answer

All material facts that could affect the client's decision — including information about the property, the other party, and any conflicts of interest of the agent

  1. A Only information that helps the transaction close
  2. B All material facts that could affect the client's decision — including information about the property, the other party, and any conflicts of interest of the agent
  3. C Only legally required disclosures on state forms
  4. D Only defects visible during a showing

Why this is the answer

FIDUCIARY DUTY OF DISCLOSURE requires an agent to tell their client everything relevant to the transaction that the client would want to know. For a buyer's agent: disclose known material defects in the property; disclose if the seller is in financial distress (affecting negotiation); disclose the agent's relationship to the seller or property; disclose dual agency immediately if it arises. For a listing agent (representing seller): disclose whether the buyer has financing contingencies; disclose if buyer seems financially weak; disclose any relationship with the buyer. The duty is to the CLIENT — not to the other party. A listing agent who discovers the buyer is unable to perform on their contingency must tell the seller. The duty of disclosure is bounded by legality (cannot disclose race or familial status information) and by what the agent actually knows or should know.
Source: Real Estate State Exam, Duty of Disclosure

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