easy · National Real Estate Exam agency
An agent is asked by a seller to hide the fact that a neighbor has successfully sued the seller over a fence line dispute that is still unresolved.
What must the agent do?
- The agent must disclose the pending litigation as it is a material fact affecting the title.
- The agent only must disclose it if the buyer's own title search fails to find it.
- The agent should simply follow the seller instruction under the duty of confidentiality.
- The agent must obey the seller's wishes because the neighbor might eventually lose the fence lawsuit.
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