AgencyIntermediateCalifornia Exam

A real estate agent who fails to disclose a known material defect to the buyer may be subject to:

AA warning from the DRE for a first offense only, per standard fiduciary practice in the industry
BCivil liability for fraud or misrepresentation, and potential DRE disciplinary action including license revocationCorrect
CA fine of $500 maximum under California law, under standard California agency practice
DLiability only if the buyer suffered a financial loss of more than $10,000, as commonly applied in brokerage relationships

Why Civil liability for fraud or misrepresentation, and potential DRE disciplinary action including license revocation Is Correct

Answer B: Civil liability for fraud or misrepresentation, and potential DRE disciplinary action including license revocation

An agent who conceals or fails to disclose a known material defect can face civil lawsuits for fraud, negligent misrepresentation, or breach of fiduciary duty. The DRE may also impose discipline including suspension or revocation of the license.

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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