If a licensee discovers a material adverse fact not mentioned in the Real Estate Condition Report, what should they do?

Ignore the fact if the seller did not disclose it

Schedule a follow-up inspection

Disclose information as an adverse material fact in writing

A licensee discovering a material adverse fact that is not included in the Real Estate Condition Report is obligated to disclose this information as an adverse material fact in writing. In real estate transactions, transparency is crucial to protect all parties involved. Material adverse facts can significantly impact a buyer's decision, so it is the licensee's responsibility to ensure that potential buyers are fully informed about any issues that could affect the property’s value or desirability.

By disclosing this adverse condition, the licensee fulfills their ethical and legal duty to represent the best interest of their clients and support informed decision-making. This action also helps mitigate potential liability for the licensee by ensuring compliance with disclosure laws and regulations.

Other responses may seem plausible, but they do not accurately align with the responsibilities set forth for real estate professionals. Ignoring the fact, scheduling a follow-up inspection, or requesting the seller amend the report do not satisfy the requirement for transparency and can lead to legal implications for failing to disclose material adverse facts.

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Request the seller amend the report first

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