Agency

Under Maine law, a listing agent who fails to disclose that the property is located in a flood zone (a material fact) may be liable for:

ANothing if the buyer could have found the information themselves
BMisrepresentation, even if the omission was negligent rather than intentional✓ Correct
COnly civil liability if the buyer suffered actual financial loss
DNo liability because flood zones are public information

Explanation

A negligent omission of a material fact can constitute actionable misrepresentation under Maine law, even if not intentional. The fact that information is publicly available does not necessarily eliminate the agent's duty to disclose known material facts.

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