AgencyIntermediateColorado Exam

A Colorado broker who fails to disclose a known material fact about the property has potentially breached which duty?

AOnly the duty of loyalty, as a general rule
BThe duty of disclosure (honest dealing)Correct
CThe duty of obedience
DThe duty of accounting

Why The duty of disclosure (honest dealing) Is Correct

Answer B: The duty of disclosure (honest dealing)

The duty of disclosure (honest dealing) requires Colorado brokers to disclose all known material facts that could affect the transaction, including adverse property conditions. Failure to disclose known material facts is a breach of this duty and may constitute misrepresentation.

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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