A buyer receives a seller’s property condition disclosure in which the buyer’s agent believes the seller has misrepresented the condition of the property. The buyer’s agent should
A.
remain silent as the agent does not know for certain that the seller has misrepresented the property.
B.
recommend that the buyer withdraw from the transaction.
C.
call the listing agent and express this concern.
D.
point out this concern to the buyer and recommend further inspection or investigation before proceeding.
Comprehensive and Detailed Explanation (150–250 words):
An agent owes a fiduciary duty of care, loyalty, and disclosure to their client. If a buyer’s agent suspects misrepresentation in a seller disclosure, they cannot remain silent (A) because that fails fiduciary duty. They also cannot simply instruct withdrawal (B) without investigation. Communicating only with the listing agent (C) does not fulfill the duty to protect the buyer.
The proper action is to disclose the concern to the buyer and recommend further investigation, inspections, or professional evaluations before proceeding. This allows the buyer to make an informed decision and protects the agent from liability.
Chosen Answer:
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