Ace the Arizona Real Estate Exam 2025 – Unlock Your Property Dreams!

Question: 1 / 1505

Could a buyer's agent be susceptible to claims of fraud for misrepresenting termite conditions?

No, because he is protected by the 'as is' clause in the purchase agreement

No, because he said there were no termites, which could be true at present

Yes, because he knowingly made a potentially untrue statement that could be seen as an inducement to buy

The correct response underscores the principle of accountability in real estate transactions, particularly concerning misrepresentation. A buyer's agent could indeed face claims of fraud if he knowingly makes a statement that is potentially false, such as misrepresenting the presence of termites. This misrepresentation can be deemed an inducement for the buyer to proceed with the purchase, and such guidance, if incorrect, can have significant legal implications.

In real estate, agents have a fiduciary duty to their clients, which includes the obligation to provide truthful information. This duty extends to all material facts related to the property. If an agent is aware of the existence of termites, stating that there are none—or providing any misleading information—breaches this duty and exposes the agent to liability. This is particularly important because buyers often rely heavily on the insights and assurances provided by their agents when making purchasing decisions.

The concept of 'misrepresentation' involves knowingly providing false information or failing to disclose crucial information, which directly impacts the buyer's decision-making process and could lead to financial harm if the truth comes to light post-sale.

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Yes, unless there are visible signs of termites, in which case the buyer should have recognized it

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