Legal Q&A |

Broker’s Duty to Take “Reasonable Steps” to Disclose Material Facts


A buyer client recently went under contract to purchase a house on a wooded lot in a rural community. During the due diligence period, we discovered that there was a large animal cemetery on the property with a substantial number of unmarked graves. My client was uncomfortable with the situation and chose to terminate. We notified the listing agent that the cemetery should have been disclosed and that my client was entitled to a refund of her due diligence fee. The listing agent said that the cemetery had been disclosed. When I asked how the disclosure had been made, he referred me to the septic permit that had been attached to his MLS Listing as an exhibit. Sure enough, a diagram on that permit referenced a cemetery. Is that type of disclosure considered adequate?

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march 30
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