Agency
An Oregon seller instructs their listing agent to tell buyers the roof is only 5 years old when the seller knows it is 15 years old. The agent should:
AFollow the seller's instruction since the agent represents the seller
BRefuse to make the misrepresentation and disclose the true age to buyers✓ Correct
CMake the statement and document it in the file for protection
DOnly disclose the roof age if asked directly by the buyer
Explanation
An Oregon licensee cannot make false or misleading statements about material facts, even at a client's direction. Making a false statement about the roof age would be a material misrepresentation violating ORS Chapter 696 and the Code of Ethics. The agent should refuse the instruction and, if necessary, withdraw from the listing to avoid complicity in fraud.
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