Disclosure questions test one core duty: known material facts must be revealed proactively, even when nobody asks and even in an as-is sale. Latent defects — hidden problems a buyer couldn't spot — are the exam's favorite scenario. Federal law adds the lead-based paint disclosure for pre-1978 housing. Learn what must be disclosed, what merely should be recommended for inspection, and where to send buyers for stigma and registry questions.
What Must Be Disclosed
Material facts must be disclosed proactively — even if the buyer never asks.
Latent defects (hidden, not discoverable by ordinary inspection) that are KNOWN must be disclosed.
"As-is" sales still require disclosure of known material defects — it doesn't waive the duty.
Federal & Special Disclosures
Lead-based paint disclosure required for housing built before 1978 (EPA pamphlet + disclosure form).
For stigmatized property/registry questions, refer buyers to official public sources rather than volunteering opinions.
Environmental Hazards
Radon: odorless radioactive gas entering through foundations — testing is the only way to detect it.
Asbestos is most dangerous when friable (crumbling); encapsulation is often safer than removal.
Underground storage tanks and mold are common inspection triggers — agents should recommend qualified inspections, never make expert claims themselves.
Known environmental hazards are material facts: disclose them like any other latent defect.
Every Freehold question shows why the right answer is right — and cites its source.
Federal law requires a lead-based paint disclosure for residential dwellings built before what year?
1965
1968
1974
1978
Show answer & explanation
1978 — The Residential Lead-Based Paint Hazard Reduction Act requires sellers and landlords of housing built before 1978 to disclose known lead-paint hazards and provide the EPA pamphlet, because lead paint was banned that year.
A material fact affecting a property's value or desirability must be disclosed:
Even if the buyer never asks about it
Only if the buyer asks a direct question
Only when the seller authorizes disclosure
Only after the purchase contract is signed
Show answer & explanation
Even if the buyer never asks about it — Material facts must be affirmatively disclosed to buyers regardless of whether they ask, because they affect value or desirability. Concealing a material fact can constitute misrepresentation or fraud.
Source: PSI National Real Estate Exam Content Outline §6 Property Disclosures
A seller knows the basement floods every spring, but the damage is not visible during a showing. This is an example of:
A patent defect that needs no disclosure
A latent defect that must be disclosed
Merely a stigma that cannot be disclosed
Normal wear and tear
Show answer & explanation
A latent defect that must be disclosed — A latent defect is a hidden problem not discoverable by ordinary inspection. Known latent defects that materially affect the property must be disclosed, since buyers cannot reasonably discover them on their own.
Source: PSI National Real Estate Exam Content Outline §6 Property Disclosures
When a buyer asks whether any registered sex offenders live nearby, the licensee's best practice is to:
Provide their personal opinion of the neighborhood's safety
Refuse to discuss the topic entirely
Direct the buyer to the official public registry
Personally contact neighbors to gather information
Show answer & explanation
Direct the buyer to the official public registry — Licensees should refer buyers to the official sex-offender registry rather than research or characterize the data themselves. This answers the buyer's concern without risking inaccurate statements or fair-housing issues.
Source: PSI National Real Estate Exam Content Outline §6 Property Disclosures
Radon, an environmental hazard found in some homes, is best described as:
A fibrous mineral used in old insulation
A toxic compound found in lead pipes
A visible mold that grows in damp basements
A colorless, odorless radioactive gas that enters from the soil
Show answer & explanation
A colorless, odorless radioactive gas that enters from the soil — Radon is a naturally occurring radioactive gas that seeps from soil into buildings. Because it is colorless and odorless, testing is the only way to detect it, and prolonged exposure increases lung-cancer risk.
Source: EPA — A Citizen's Guide to Radon
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