35. A Seller's Property Disclosure form states that there are no known material defects with the property, but the listing licensee is aware of asbestos wrapped duct pipes in the basement. The licensee should
Answer: A
Disclose the existence of asbestos to all potential buyers.
The licensee is obligated to disclose any known material defects, including the presence of asbestos wrapped duct pipes, to potential buyers. This duty arises from the ethical and legal responsibilities to ensure buyers are fully informed about any hazards associated with the property.
A) disclose the existence of asbestos to all potential buyers.
This option is correct because the licensee must inform potential buyers about known hazards that could affect their health and safety. Asbestos is a known material defect, and failing to disclose it could lead to legal repercussions and ethical violations for the licensee.
B) ask the seller's permission to disclose and abide by the seller's wishes.
While it is important to respect the seller's wishes, the licensee has a legal duty to disclose known defects regardless of the seller's preferences. This option is incorrect because it suggests that the licensee can withhold critical information, which would be unethical.
C) suggest the buyers have a home inspection and leave discovery up to the inspector.
This option is insufficient because it implies that the licensee can avoid their responsibility by shifting it to the inspector. The licensee must disclose known defects rather than relying on an inspection that might miss specific details, such as the asbestos.
D) suggest to the seller wrap the pipes to contain potential airborne contamination.
This option is not appropriate as it suggests a potential solution without addressing the immediate obligation to disclose the known defect. Moreover, merely wrapping the pipes does not eliminate the need for disclosure to buyers, making this option incorrect.
Conclusion
Disclosing the existence of asbestos to all potential buyers is crucial for transparency and safety. The other options either evade the licensee's legal responsibilities or fail to appropriately inform buyers, which is essential for making an informed decision regarding the property. Therefore, Option A is the only correct choice.