Agency
A Florida licensee using the 'transaction broker' form of representation has obligations to the seller. When the seller asks the transaction broker not to disclose that the roof leaks, the broker:
AMust follow the seller's instruction as the seller is paying the commission
BMust still disclose the known material defect to the buyer — this duty is non-waivable even in a transaction brokerage relationship✓ Correct
CMay keep it confidential until the inspection period
DShould add a disclaimer to the listing instead
Explanation
The duty to disclose known facts that materially affect the value of property is non-waivable in any Florida brokerage relationship (single agent, transaction broker, or no brokerage). The seller cannot instruct the broker to conceal known material defects.
Related Florida Agency Questions
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- A Florida licensee who is a 'non-representing broker' owes which of the following duties?
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- In Florida, when must a licensee disclose their agency status to a customer (not client)?
- A Florida licensee who represents only the seller in a transaction is acting as a:
- A Florida transaction broker provides limited representation. Which duty does a transaction broker NOT owe to the parties?
- A Florida seller signs a listing agreement creating a single-agency relationship. The broker then finds a buyer who also wants representation. The broker must:
- In Florida, the duty of 'accounting' in an agency relationship means:
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