Real Estate Transaction Agent Examination study materials
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Real Estate Transaction Agent Examination: Disclosure, Due Diligence, and Consumer Protection

Real Estate Transaction Agent Examination · Work through your exam, one topic at a time.

All guide sections

Disclosure, Due Diligence, and Consumer Protection

Required disclosures

  • Agency disclosure at first substantive contact or as state law specifies, in writing.
  • Seller's property condition disclosure: known material defects, water intrusion, structural issues, unpermitted work, litigation, HOA problems. An "as-is" sale shifts repair responsibility but generally does not cancel the duty to disclose known latent defects.
  • Federal lead-based paint rule: for pre-1978 housing, disclose known lead hazards, deliver the EPA pamphlet, and allow a 10-day inspection opportunity unless the buyer waives it.
  • Megan's Law: many states bar agents from volunteering sex-offender information; refer buyers to the official registry.
  • Flood zone status, HOA or condo budgets, reserves, special assessments, and insurance claims history.

Due diligence

Inspection, title, survey, environmental, zoning, and financing contingencies each carry deadlines. The final walk-through confirms condition; it is not a new inspection right. Put every document request in writing and log it.

Worked example

A seller paints over basement staining and states "no water problems." The buyer's inspector notes efflorescence. The seller's statement misrepresents a known material fact, and an agent who repeats it without verification is exposed too. The buyer may have rescission or damages remedies despite an as-is clause, because as-is does not license fraud.

Traps that cost marks

  • Assuming stigmatized-property events (crime, suicide) must always be disclosed - rules vary by state.
  • Confusing the agent's duty to disclose material facts with a duty to diagnose defects.
  • Missing that lead-based paint disclosure is federal and applies regardless of local custom.