Who holds the responsibility if a listing agent does not communicate a known issue with the property?

The responsibility of communication regarding known issues with a property primarily falls on the listing agent. This is because the listing agent has a fiduciary duty to represent the seller's interests while also ensuring that all relevant information concerning the property is disclosed to prospective buyers. This duty includes proactively communicating any known defects or concerns that could impact the buyer’s decision-making process.

In real estate transactions, the listing agent must adhere to ethical standards and state laws that require full disclosure of material facts. Failure to do so not only jeopardizes the integrity of the transaction but can also expose the listing agent to legal liability. If a known issue is not communicated, it can lead to complications such as breach of contract claims or loss of commissions.

While the seller is responsible for providing accurate information about the property, it is the listing agent's role to relay this information effectively to potential buyers. The buyer’s agent and buyer are not primarily responsible for the disclosure of issues; instead, they rely on the information provided by the listing agent and seller.