Agency
In New York, a seller's agent who knows that the seller owes more on the property than the listing price should:
ADisclose this information to buyers only if they ask
BKeep this information confidential as it is the seller's private financial matter
CDisclose to prospective buyers that the property may be subject to short sale conditions, since this is a material fact affecting the transaction✓ Correct
DAdvise the buyer to conduct their own due diligence
Explanation
The fact that a property is subject to a short sale (where the lender must approve a sale for less than the outstanding balance) is a material fact that will significantly affect the transaction process and timeline. While specific financial details about the seller's debt may be confidential, the nature of the sale (requiring lender approval) must be disclosed to buyers as it materially affects the terms.
Related New York Agency Questions
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