140k views
0 votes
In what instances is a licensee not required to make disclosure in a transaction?

User Legends
by
7.7k points

1 Answer

4 votes

Final answer:

A real estate licensee may not be required to disclose information in certain instances such as when the information is public knowledge, violates confidentiality, pertains to client's private financial matters, or when the licensee is acting as a principal in the transaction. Nonetheless, they must adhere to the law and ethical standards.

Step-by-step explanation:

In the realm of real estate, a licensee is generally required to disclose material information that could affect a client's decisions regarding a transaction. However, there are certain instances where a licensee might not be required to make a disclosure. This typically includes situations where:

  • The information is considered public knowledge, and the client could easily access it themselves.
  • The disclosure would violate confidentiality agreements or privacy laws.
  • The information pertains to the personal finances or motivation of the seller or the buyer, which they have explicitly asked to remain confidential.
  • The licensee is involved in a transaction where they are acting as a principal, meaning they are buying or selling for their own account, and full disclosure would not be in their own best interest.

It's important to note that while these situations may exempt a licensee from the requirement to disclose certain information, they must still operate within the bounds of the law and ethical standards set forth by their licensing body. Failure to provide required disclosures can result in legal penalties, including fines and the loss of a real estate license.

User Carson Moore
by
7.4k points