Agency

A West Virginia listing agent discovers that the property has a leaking underground storage tank not disclosed by the seller. The agent must:

AKeep the information confidential as directed by the seller
BDisclose the defect to prospective buyers as a material fact✓ Correct
CWithdraw from the listing immediately without explanation
DOnly disclose if a buyer asks directly about underground tanks

Explanation

Material defects that could affect a buyer's decision must be disclosed by the listing agent regardless of the seller's instructions. An underground storage tank leak is a material environmental defect requiring disclosure.

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