Agency

A Hawaii listing agent represents a seller and a buyer's agent represents the buyer. The listing agent learns the property has underground oil tanks that the seller did not disclose. What should the listing agent do?

AA. Keep the information confidential to protect the seller
BB. Disclose the material fact (underground tanks) to the buyer's agent and buyer✓ Correct
CC. Tell only the buyer's agent but not the buyer directly
DD. Wait for the buyer's inspector to discover the tanks

Explanation

Underground oil tanks are a material defect requiring disclosure. The listing agent cannot conceal known material defects regardless of the seller's preferences.

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