Practice Quiz

Florida Real Estate Exam

Category - Florida

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Broker Newman sold a property owned by Robins to buyer Nichols. Later when the first rains of the season began, buyer Nichols found that the roof leaked badly. Thereupon, the buyer sued both the seller and the broker for the cost of the necessary repairs. In the same action, the seller sued broker Newman because seller Robins had told the broker of the leaky roof. Broker Newman’s testimony revealed that the broker was aware of the leaky roof but had not mentioned it to buyer Nichols because “the subject never came up.” Based on the foregoing information, the most likely result of the court action would be:

  1. On the basis of the principle of caveat emptor, the buyer was not entitled to recover from either the broker or the seller
  2. The buyer recovered from the broker, but the seller would not be considered liable
  3. The buyer recovered from the seller, but the broker would not be liable
  4. The buyer would be successful in the suit against both the seller and the broker; the seller would be successful in the suit against the broker
Explanation

Answer: D - The buyer is a customer-prospect. The broker does not have a fiduciary/agency relationship with the buyer, but the law requires that a customer-prospect be treated fairly and honestly. It is the responsibility of an agent to divulge to a customer-prospect any information of a material nature that could affect the transaction. Since the broker failed to do so, he would be liable. Also, because he was representing the seller, the seller would have a course of legal action for misrepresentation by the broker.

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