Who is responsible for repairs to home since complete inspection report was not sent to realtor?
Full Question:
Answer:
In some instances, the failure to disclose information can be regarded as fraudulent and give the party harmed by the nondisclosure the same remedies as if a known false statement were intentionally made.
There is a duty for one party who knows of a defect or a harmful condition to disclose this information to the other party if the defect or harmful condition is obviously unknown to the other party and is of a nature that the other party would be unlikely to discover or inquire about the defect or condition.
If two parties have a confidential relationship, such as that of realtor and client, the realtor has a duty to reveal anything that is material to his client when dealing with this client in a business matter. The realtor's silence has the same legal consequences as knowingly making a false statement of a material fact to his client.