How should a licensee handle contradictory information provided by the seller during negotiations?

• A. Ignore contradictions and continue with negotiations.
• B. Seek clarification verbally and not document.
• C. Rely on the seller's word as final.
• D. Seek clarification, document in writing, rely on written information, and counsel the buyer or seller as appropriate.

Answer: (D)

When information from the seller during negotiations doesn’t line up, the licensee should seek clarification and capture it in writing, relying on written information, while offering appropriate guidance to the buyer or seller. Verbal statements can be easily forgotten, misinterpreted, or disputed later, so a written clarification creates a reliable record of what has been confirmed and agreed. This written record helps prevent misrepresentation and disputes and supports the client in making informed decisions. If the seller’s explanations raise questions about disclosures, the licensee should obtain the clarification in writing and, where relevant, reflect it in the agreement or addenda. Involving counsel as appropriate ensures that both sides understand the implications and that duties to disclose and act in good faith are met. Ignoring contradictions or trusting only verbal assurances increases risk for all parties and can lead to misunderstandings or liability.