Question 75

No, she's only responsible for disclosing known material facts.

Sellers are not required to disclose issues they are not aware of; therefore, Marlie is only responsible for disclosing known material facts about her home. Since she is unaware of the termites, she is not obligated to inform potential buyers about them.

A) No, she's only responsible for disclosing known material facts.

This option is correct as it aligns with the legal obligations of sellers in real estate transactions. Sellers must disclose material facts that they are aware of, but if Marlie has no knowledge of the termites, she cannot disclose something she does not know.

B) Yes, because all sellers are required to get a pest inspection before selling their property.

This option is incorrect. While it is advisable for sellers to obtain a pest inspection, it is not a legal requirement in all jurisdictions. Therefore, Marlie's obligation to disclose does not hinge on whether she obtained a pest inspection.

C) Yes, because she should have known that she had termites.

This option is also incorrect. The standard for disclosure is based on what the seller actually knows, not what they should have known. Unless Marlie had reason to suspect termites, she is not held responsible for disclosing their presence.

D) No, she is not required to disclose anything about the property.

This option is misleading. While Marlie is not required to disclose unknown issues, she is still obligated to disclose any known material facts. Thus, this option fails to accurately represent the legal responsibilities of a seller.

Conclusion

In conclusion, the correct answer is that Marlie is only required to disclose known material facts, which means she is not responsible for disclosing the presence of termites she does not know about. The other options fail to acknowledge the distinction between known and unknown issues, which is pivotal in real estate disclosure laws.