Which of the following could potentially hold a seller liable during a real estate transaction?

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Study for the Real Estate Transactions Exam. Utilize flashcards and multiple choice questions, each with hints and explanations. Prepare to excel in your exam!

In real estate transactions, a seller can be held liable for defects in a property under certain circumstances, particularly when it comes to active concealment. Active concealment occurs when a seller intentionally hides or misrepresents a defect that they know exists, preventing the buyer from discovering it. This behavior violates the duty of disclosure that a seller has toward the buyer, which is aimed at ensuring the buyer is fully informed about the condition of the property.

By actively concealing a defect, the seller is engaging in deceptive practices, which can result in legal consequences. Buyers have the right to rely on the seller's representations about the property's condition, and when those representations are dishonest, it undermines the integrity of the transaction.

The other options do not provide a basis for seller liability. An unknown defect might not be disclosed by the seller, but if they were genuinely unaware of it, they typically would not be liable. A defect that is disclosed in writing is not a basis for liability, as the buyer is informed and can make decisions based on that information. Lastly, a defect identified by a contractor does not directly implicate the seller unless there is evidence of concealment or misrepresentation. Therefore, active concealment stands out as the primary situation where a seller could

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