Ontario Real Estate Licensing Exam Practice · Question
A salesperson is representing a seller who insists on not disclosing a past flood in the basement, despite the salesperson's advice that it is a material fact. The salesperson's ethical duty under TRESA requires them to:
Section 3 of the Code of Ethics under TRESA (formerly REBBA) requires registrants to disclose all material facts known to them regarding a property. If a seller
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Question: A salesperson is representing a seller who insists on not disclosing a past flood in the basement, despite the salesperson's advice that it is a material fact. The salesperson's ethical duty under TRESA requires them to:
Answer options: ✅ Refuse to continue representing the seller if the seller insists on concealing the material fact.
- Proceed with the listing but ensure the seller signs a waiver acknowledging they are withholding information.
- Disclose the flood to potential buyers themselves, even against the seller's wishes, to avoid misrepresentation.
- Only disclose the flood if directly asked by a potential buyer or their agent.
Correct answer: Refuse to continue representing the seller if the seller insists on concealing the material fact.
Explanation: Section 3 of the Code of Ethics under TRESA (formerly REBBA) requires registrants to disclose all material facts known to them regarding a property. If a seller refuses to disclose a material fact, the registrant cannot engage in an act of misrepresentation or provide services that would lead to misrepresentation, meaning they must refuse to represent the client.
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