medium · National Real Estate Exam disclosures
An agent is representing a buyer. During the inspection, the agent hears the inspector tell the buyer that the electrical panel is a fire hazard. The buyer says, 'I don't care, I want the house.' Later, the buyer sues the agent for not 'protecting' them from the bad electrical.
Did the agent breach a duty?
- Yes, the agent should have simply refused outright to let the buyer sign any purchase contract in this situation.
- No, because the agent's duty of obedience legally required them to follow the buyer's wish to purchase the home.
- Yes, the agent's duty of care legally requires that they personally notify the local fire marshal of the hazard immediately.
- No, as long as the agent ensured the buyer was informed of the defect and the risks, the buyer has the right to proceed.
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