Question:
Your listing falls apart on inspections (home, septic and well) and the buyer’s agent sends you a list of the issues at your request. It’s a long list worth about $100,000.00 of known issues, not including the unknowns.
Are you as the Listing Agent obligated to disclose those issues to the next buyers?
Answer:
No, you are not obligated to disclose. In fact, you can’t make that disclosure without permission from your client, the Seller.
If you did so, without permission, this would constitute a breach of your fiduciary duties and release the Seller from any obligation to pay your commission.
Brian Madigan LL.B., Broker