Contracts

Which of the following is an example of 'constructive fraud' in an Ohio real estate transaction?

AAn agent who intentionally lies about the property's age
BAn agent who fails to disclose a known material defect through negligence or omission✓ Correct
CAn agent who charges more than the agreed commission
DA buyer who submits a low offer knowing it will be rejected

Explanation

Constructive fraud occurs through the omission or failure to disclose material facts that one has a duty to disclose — even without intentional deception. It can create liability similar to intentional fraud.

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