Agency

A Maine listing agent's obligation to disclose known material defects exists even if the seller instructs them not to disclose. This is because:

AThe seller can always override the agent's disclosure obligations
BAgents have an independent duty not to make material misrepresentations to all parties✓ Correct
CAll defects must be disclosed regardless of cost
DThe MLS requires all defects to be listed

Explanation

Maine licensees have an independent statutory and common law duty to avoid material misrepresentations to all parties, which overrides a seller's instruction to conceal known defects.

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