Irene Schoene, a real estate agent, represented Faith M. Ikola in connection with the purchase of a

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Irene Schoene, a real estate agent, represented Faith M. Ikola in connection with the purchase of a home. When Ikola first saw the property, she noticed a sump pump in the basement, and Schoene told Ikola that she would never have to worry about flooding because of the pump. Ikola decided to make an offer on the home. The contract provided Ikola with the right to inspect the property and to request that the sellers repair any defects, provided Ikola gave them an inspection report within seven days after signing the agreement. 


Ikola raised the issue of a professional inspection, but Schoene told her that she was not entitled to one in addition to the walk-through because "it wasn’t fair to the sellers to put them out like that." In addition, Ikola did not receive a copy of the sellers’ property disclosure statement, although the contract stated that one was attached. Ikola then telephoned Schoene to request the sellers’ property disclosure statement. Not only did Schoene refuse to take her calls, she wrote Ikola a memo incorrectly stating that the contract did not require one. Has Schoene violated her agency duties?

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Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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