49. If an owner wants to list a property for sale 'as is,' the listing agent should
Answer: C
The listing agent should question the seller as to any known defects.
It is crucial for the listing agent to inquire about any known defects when a property is being sold 'as is.' This ensures that potential buyers are adequately informed about the property's condition, which helps maintain transparency and can protect the agent from future liability.
A) assume that the owner will accept a relatively low price for the property.
This option is incorrect because the assumption of a lower price does not directly relate to the 'as is' status of the property. Sellers may have various reasons for selling 'as is' that do not necessarily correlate with pricing expectations.
B) conclude that if the buyer later discovers defects that were not disclosed the listing agent is relieved of any responsibility.
This option is incorrect as it misinterprets the responsibilities of the listing agent. Even when a property is sold 'as is,' the agent may still be held accountable for not disclosing known defects, which is why questioning the seller is essential.
C) question the seller as to any known defects.
This is the correct answer because it emphasizes the importance of understanding the property's condition and any issues that may exist. By questioning the seller, the listing agent can ensure that all relevant information is disclosed, thereby protecting both the seller's interests and the agent's professional responsibilities.
D) assume that the house is a 'fixer-upper.'
This option is incorrect as it makes a generalized assumption about the property's condition without verifying specifics. Not all 'as is' properties are necessarily fixer-uppers; they may simply be in a condition where the seller does not wish to make repairs.
Conclusion
Questioning the seller about any known defects is essential when listing a property for sale 'as is.' This practice not only informs potential buyers of the true condition of the property but also safeguards the listing agent against potential liability issues. All other options fail because they either make unfounded assumptions or misunderstand the agent's responsibilities regarding property disclosures.