AgencyIntermediateAlabama Exam

An Alabama listing agent discovers a material defect in the property. The seller instructs the agent to keep this secret. The agent should:

AFollow the seller's instructions since the seller is the client, as a general rule
BDisclose the defect to buyers because material defects must always be disclosedCorrect
CKeep the secret to maintain loyalty to the seller
DCancel the listing immediately

Why Disclose the defect to buyers because material defects must always be disclosed Is Correct

Answer B: Disclose the defect to buyers because material defects must always be disclosed

Material defects must be disclosed to buyers regardless of the seller's instructions. An agent cannot follow instructions that require violating the law or harming third parties.

Exam Tip: Agency

Agency questions are among the most tested on the exam. Focus on the difference between client and customer, and memorize the fiduciary duties (OLD CAR). Watch for questions that try to blur the line between a general agent and a special agent.

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