Texas Real Estate Sales Agent ExamProperty DisclosuresMedium
A buyer is interested in a property located in an area known for high radon levels. The seller has lived in the home for 20 years and states they have never had any issues. What is the Texas real estate agent's primary responsibility regarding this environmental hazard?
- AInform the buyer about the potential for radon and recommend professional testing.
- BDisclose the general radon risk for the area on the Seller's Disclosure Notice.
- CAssure the buyer that since the seller has had no issues, radon is likely not a problem.
- DAdvise the seller to perform a radon test to ensure full disclosure.
Show answer & explanationAnswer & explanation
Correct answer: A. Inform the buyer about the potential for radon and recommend professional testing.
Texas real estate agents have a duty to disclose known material facts and advise parties to seek expert advice on matters outside their expertise. Informing the buyer about potential radon and recommending testing fulfills this duty.
Why the other options are wrong
- B. The Seller's Disclosure Notice is for facts known to the seller, not general area risks known to the agent, unless the seller is also aware and chooses to include it.
- C. An agent should never provide assurances or opinions on environmental hazards, as this could be considered unauthorized practice of a profession.
- D. Agents cannot compel a seller to conduct tests, only advise on disclosure of known facts.
Agent's Duty for Environmental Hazards
Real estate agents must disclose known material facts regarding environmental hazards and advise clients to seek expert opinions for issues outside the agent's expertise.
- Agents are not environmental experts.
- Duty to disclose known material facts.
- Duty to recommend professional inspections/testing.
- Avoid providing opinions or guarantees on environmental conditions.
Memory trick: Know it, show it, tell them to test it.