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If buyers have a home inspection report, can a licensee provide advice on whether a disclosed item constitutes a defect?

  1. Yes, they can provide legal advice

  2. No, that requires legal advice

  3. Yes, but only verbally

  4. No, they can only give written advice

The correct answer is: No, that requires legal advice

In real estate transactions, licensees are typically prohibited from providing legal advice regarding the interpretation of a home inspection report or whether a disclosed item constitutes a defect. The reason for this is that determining whether something qualifies as a defect may involve legal nuances and implications that fall outside of the real estate agent's expertise. Agents are trained to guide clients through the buying and selling process, but when it comes to specific legal definitions or ramifications related to property defects, it's essential to involve a qualified attorney. This distinction helps protect the interests of all parties involved. By referring clients to legal professionals for advice on such matters, licensees can ensure that buyers receive accurate and comprehensive understanding of their rights and options regarding property conditions.