medium · National Real Estate Exam Agency
An owner is selling a home as-is. The listing agent knows there is a significant mold infestation in the attic that is not visible from the hallway. The agent does not disclose this to the buyer, believing the as-is clause protects the seller.
The agent has likely committed:
- Negligent misrepresentation
- No violation because of the as-is clause
- Actionable fraud by nondisclosure
- Puffing
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