Who is held responsible for nondisclosure of a major roofing leak in a listing when the seller indicated "no representation" on the disclosure statement?

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In the scenario presented, the responsibility for nondisclosure of a major roofing leak primarily falls on the seller. However, the listing agent may be held accountable to some extent depending on their duty to disclose known issues or maintain a standard of care in representing the seller. When a seller indicates "no representation" on the disclosure statement, they are asserting that they are not providing information about the condition of the property.

This means that the seller is largely responsible for any undisclosed issues that were within their knowledge. They cannot absolve themselves entirely of liability just because they chose not to provide a disclosure. The listing agent, while also having a duty to act in the best interests of their client, is often seen as responsible for the accuracy of the disclosures in the listing, but their liability doesn't extend to undisclosed issues that they were not aware of.

The focus here should be on the responsibilities involved: the seller has an obligation to disclose material defects that they are aware of, while the agent's role is to facilitate the transaction and advise the seller about the necessity of honest disclosures. This situation illustrates the delicate balance of responsibility regarding disclosures in real estate transactions.

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