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Who is liable if a broker agrees not to disclose a leaky roof at the seller's request?

  1. Just the Seller

  2. Just the Broker

  3. Both the Seller and the Broker

  4. Neither

The correct answer is: Both the Seller and the Broker

In this scenario, both the seller and the broker would be liable. The broker has a duty to disclose all material facts about a property to potential buyers, regardless of the seller's wishes. By agreeing not to disclose the leaky roof, the broker is breaching their duty and could be held liable for any damages or losses incurred by the buyer. The seller would also be liable for not disclosing the issue, as they have a legal obligation to disclose any known defects in the property. Option A is incorrect because the broker also has a responsibility in this situation. Option B is incorrect because the seller is also responsible for disclosing the issue. Option D is incorrect because both parties have a duty to disclose and therefore could both be held liable.