Agency

In South Dakota, a listing agent who learns the seller's property has an unpermitted addition must:

AKeep the information confidential to protect the seller
BDisclose the unpermitted addition to prospective buyers as it is a material fact✓ Correct
COnly disclose if directly asked by the buyer
DRemove references to the addition from all marketing materials

Explanation

An unpermitted addition is a material fact that affects the value and legal status of the property. Even a listing agent (who represents the seller) must disclose this type of material fact to buyers, as failing to do so could constitute misrepresentation.

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