Agency
In New York, a seller's agent who discovers the seller has misrepresented material facts to the buyer must:
AProtect the seller's confidentiality regardless of the misrepresentation
BAdvise the seller to correct the misrepresentation and, if the seller refuses, consider withdrawing from the representation✓ Correct
CComplete the transaction without disclosure
DNotify the DOS immediately
Explanation
An agent cannot knowingly participate in fraud or material misrepresentation. If a seller refuses to correct a material misrepresentation, the agent should advise them of the legal risks and may need to withdraw from the representation to avoid complicity in fraud.
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