AgencyIntermediateColorado Exam

A listing agent in Colorado learns that the home's basement floods every spring. The seller asks the agent not to mention it. The agent should:

AHonor the seller's request and say nothing
BDisclose the flooding as an adverse material fact to potential buyersCorrect
CDisclose only if the buyer specifically asks about flooding, in general
DWithdraw from the listing to avoid liability

Why Disclose the flooding as an adverse material fact to potential buyers Is Correct

Answer B: Disclose the flooding as an adverse material fact to potential buyers

Colorado law requires brokers to disclose adverse material facts to all parties regardless of the seller's wishes. Flooding is clearly an adverse material fact that must be disclosed to potential buyers.

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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