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“As a fiduciary, a real estate broker must disclose to the broker’s client all material information that the broker knows or could reasonably obtain regarding the property or relating to the transaction. The facts that a broker must learn, and the advice and counsel required of the broker, depend on the facts of the transaction, the knowledge and experience of the client, the questions asked by the client, the nature of the property, and the terms of sale. Brokers must place themselves in the position of their clients and consider the type of information required for the client to make a well-informed decision. [A real estate broker cannot accept information received from another person, such as the seller, as being true, and transmit it to the broker’s client without either verifying the information or disclosing to the client that the information has not been verified.]”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson