Agency

A NH real estate agent discovers that the property they are listing has foundation issues not disclosed by the seller. The agent should:

AList the property without mentioning it since the seller did not disclose it
BRefuse to list until the defect is disclosed, or withdraw from the listing if the seller insists on non-disclosure✓ Correct
CDisclose it only to buyers who specifically ask about the foundation
DReduce the listing price to account for the defect without disclosure

Explanation

A licensee may not actively conceal known material defects. If the seller refuses to disclose, the agent must refuse to facilitate the misrepresentation and may need to withdraw from the listing.

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