Agency
A Florida broker serves as a transaction broker for a seller. The seller instructs the broker to tell the buyer that there are 'no roof leaks' when the broker knows there is an active leak. The broker should:
AFollow the seller's instructions as the seller is the client
BRefuse — disclosing known material defects is a non-waivable duty even in a transaction broker relationship✓ Correct
CDisclose only if the buyer specifically asks about the roof
DInclude the statement in the listing but add a general disclaimer
Explanation
The duty to disclose known material defects is one of the non-waivable duties Florida licensees owe in all brokerage relationships. A broker cannot make false statements about property condition, even at the seller's request.
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Key Terms to Know
Lien
A financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
Seller's Agent (Listing Agent)A real estate licensee who represents the seller's interests, markets the property, and owes fiduciary duties to the seller.
AgencyA legal relationship in which a licensee (agent) acts on behalf of a principal (buyer or seller) in a real estate transaction.
Dual AgencyA situation where a single real estate agent or brokerage represents both the buyer and the seller in the same transaction.
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