90. A listing licensee would be in violation of the Tennessee Residential Property Disclosure Act if which of the following facts known by him or her were NOT disclosed to the buyers?
Answer: D
The discovery of termites in the back porch must be disclosed to buyers.
Failure to disclose the discovery of termites in the back porch would be a violation of the Tennessee Residential Property Disclosure Act, as this information is considered material to the buyer's decision-making regarding the property.
A) The fact that there was a suicide on the property.
While this fact may be distressing, it is not explicitly required to be disclosed under the Tennessee Residential Property Disclosure Act. The Act primarily focuses on physical defects and issues affecting the property's condition rather than events that occurred on the property.
B) The square footage of the property.
The square footage is generally not a material defect regarding the physical condition of the property. Although it may be relevant for buyers, it is not a violation of the Act if this information is not disclosed, as it does not pertain to a defect or significant issue affecting the property.
C) The existence of other offers on the property.
The existence of other offers is a business consideration and does not pertain to the physical condition of the property itself. Therefore, failing to disclose this information does not constitute a violation of the Tennessee Residential Property Disclosure Act.
D) The discovery of termites in the back porch.
This information is critical as it directly affects the safety and integrity of the property, making it a material defect that must be disclosed to buyers according to the Act. Not disclosing this could lead to significant issues for the buyer and potential liability for the seller.
Conclusion
The obligation to disclose the discovery of termites aligns with the purpose of the Tennessee Residential Property Disclosure Act, which is to ensure that buyers are fully informed about any material defects in the property. All other options either do not pertain to physical defects or are not legally required to be disclosed, thus reinforcing that D is the only correct answer in this context.