Agency
Under a Utah exclusive right-to-sell listing, the seller instructs the agent not to disclose that the roof leaks. The agent should:
AFollow the seller's instructions—client directives override disclosure duties
BRefuse to follow the instruction and disclose the known defect to buyers✓ Correct
CDisclose only if directly asked by a buyer
DReduce the commission and disclose the defect
Explanation
Agents may not follow client instructions to conceal material defects. The duty to disclose known material defects to buyers exists regardless of client instructions to the contrary.
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Key Terms to Know
Lien
A financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
Seller's Agent (Listing Agent)A real estate licensee who represents the seller's interests, markets the property, and owes fiduciary duties to the seller.
AgencyA legal relationship in which a licensee (agent) acts on behalf of a principal (buyer or seller) in a real estate transaction.
Dual AgencyA situation where a single real estate agent or brokerage represents both the buyer and the seller in the same transaction.
Math Concepts
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