QUESTION IMAGE
Question
the seller has never lived in the residential property she is selling and is confused about what she is required to disclose in the sellers disclosure notice. she asks her listing agent to fill out the form on her behalf. is the listing agent required to fill out the notice on behalf of her client?
yes, the listing agent owes a complete fiduciary duty to her client, which includes unfettered obedience.
no, the notice should be filled out by the seller because the listing agent likely does not know the specifics about the property.
yes, the listing agent is vicariously liable for any seller misrepresentation, so the agent should limit her liability and fill out the notice herself.
no, the notice need not be provided in this instance because the seller has never lived there.
The Seller's Disclosure Notice requires the seller to disclose property - related information. Since the listing agent is not the owner and likely lacks specific property knowledge (even if the seller hasn't lived there, the seller may have other information like purchase - related details, known issues from inspections during ownership etc.), the agent should not fill it out. Vicarious liability for misrepresentation does not mean the agent should fill the form (they are not the source of the information). Fiduciary duty does not include filling out a form that requires the seller's knowledge. And the notice is still required as the seller has ownership - related responsibilities.
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No, the notice should be filled out by the seller because the listing agent likely does not know the specifics about the property.