Jane Wyman is a real estate agent who is the listing agent for Tom and Mary Arnold's home. Jane has a buyer who is interested in purchasing the Arnold house, but the buyer has a spotty credit history. Jane thinks the buyer has turned the corner on past problems and will be a good buyer for the property. Jane does not disclose the buyer's spotty credit history and Tom and Mary sign a contract for the sale of their home. As the buyer tries to get qualified, Tom and Mary pass up several other offers. Jane:
A) Has breached her fiduciary duty to the sellers by withholding material information.
B) Represents the buyer and not the seller so she has done nothing wrong.
C) Need not disclose a spotty credit history unless Tom and Mary ask.
D) Cannot be held accountable for a buyer's failure to qualify for a mortgage loan.
Question 2
In an action for breach of contract, the statute of limitations runs from the date on which the contract is breached.
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