In a situation where the sales agent excludes disclosed defects from an MLS, who may the buyer seek legal recourse against?

When a sales agent excludes disclosed defects from a Multiple Listing Service (MLS), the legal responsibility can extend beyond just the agent. In this scenario, the buyer may seek legal recourse against both the broker and the sales agent. This is because the agent operates within the scope of their employment with the brokerage, and the brokerage may also hold liability for the actions of its agents.

The broker is responsible for the conduct and professionalism of the agents they supervise, and this includes ensuring that all relevant information, including defects, is properly disclosed in listings. Therefore, if a defect is omitted from the MLS without proper disclosure, both the sales agent and their broker can be implicated in potential legal actions arising from this omission.

Legal recourse may involve claims of misrepresentation or failure to disclose important information that could influence a buyer's decision. As such, holding both the sales agent and the broker accountable provides a wider avenue for the buyer to seek remedies for any potential harm caused by the lack of disclosure regarding defects in a property.