Contracts
A Minnesota home inspection reveals a cracked heat exchanger in the furnace - a potentially dangerous carbon monoxide risk. Who is responsible for disclosing this defect to the buyer?
AThe inspector only, since they discovered it
BThe seller and the seller's agent, once they become aware of it✓ Correct
CThe buyer's agent, since they hired the inspector
DNo disclosure is required since the buyer hired the inspector
Explanation
Once a material defect (like a cracked heat exchanger creating carbon monoxide risk) is brought to the attention of the seller and their agent, they become obligated to disclose it to all subsequent buyers if the current transaction falls through. Even if the current buyer discovers it through their own inspection, the seller cannot conceal it from future buyers.
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