Question 57

A buyer's agent is NOT permitted to tell a buyer that a former occupant of a property had AIDS.

A buyer's agent is prohibited from disclosing information regarding a former occupant's health status, including whether they had AIDS, as it falls under the category of protected information.

A) the seller is willing to accept less than the listing price because of financial circumstances

This option is incorrect because a buyer's agent can disclose the seller's willingness to negotiate on the price, especially if it relates to the seller's financial situation. Such information can be relevant in the negotiation process.

B) a former occupant of a property had AIDS

This is the correct answer as it pertains to a protected class under fair housing laws. Disclosing a former occupant's health condition, such as having AIDS, is considered a violation of privacy rights and is not permitted.

C) the roof leaked recently but was patched by the owner

This option is incorrect because a buyer's agent is expected to provide relevant information regarding the condition of the property, including past issues such as a leaking roof. This type of disclosure is crucial for the buyer's informed decision-making.

D) the property was the scene of a serious crime

This option is incorrect as the buyer's agent may disclose information regarding the property's history, including if a serious crime occurred there. Such information can impact the buyer's perception and decision regarding the property.

Conclusion

The correct answer, option B, is firmly rooted in the legal protections surrounding personal health information, which cannot be disclosed by a buyer's agent. Other options, while potentially sensitive, do not carry the same legal restrictions and can be communicated to the buyer, making them acceptable disclosures. Thus, option B stands out as the only choice that a buyer's agent is explicitly barred from sharing.