96. 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.
To effectively represent the seller and protect both parties, the listing agent must inquire about any known defects in the property being sold 'as is.' This proactive approach ensures transparency and helps prevent potential disputes with buyers later on.
A) assume that the owner will accept a relatively low price for the property.
This option is incorrect because selling a property 'as is' does not inherently mean the owner will accept a low price. The property's value could be influenced by various factors, including its location, market conditions, and overall demand, rather than just its condition.
B) conclude that if the buyer later discovers defects that were not disclosed the listing agent is relieved of any responsibility.
This choice is misleading. A listing agent may still have responsibilities regarding disclosure, regardless of the 'as is' status. Not asking about known defects could expose the agent to liability if undisclosed issues arise after the sale.
C) question the seller as to any known defects.
This option is correct as it emphasizes the importance of obtaining full disclosure from the seller regarding any property defects. By doing so, the listing agent can adequately inform potential buyers and mitigate legal risks associated with undisclosed issues.
D) assume that the house is a 'fixer-upper.'
While a property sold 'as is' may suggest it requires repairs, it is not accurate to categorically label it a 'fixer-upper' without specific information. Each property is unique, and assumptions should not replace careful inquiry.
Conclusion
The correct answer is C, as it promotes due diligence by encouraging the listing agent to gather essential information about the property's condition. This practice not only protects the interests of both the seller and the buyer but also upholds the agent's professional responsibilities. Other options either make unfounded assumptions or misinterpret the agent's role in the transaction.