FACTS:                    

The seller is verbally abusive to the listing agent.  The seller has also instructed the listing agent not to disclose to potential buyers that an oleander hedge encroaches onto the neighbor’s property. 

ISSUE:                      

Must the listing agent follow these instructions?

ANSWER:                

No.

DISCUSSION:         

The listing agent must disclose all known material facts regardless of instructions from the seller.  See A.A.C. R4-28-1101. Additionally, the listing agent may want to consider terminating the relationship based on the seller’s issuance of instructions contrary to law and the seller’s abusive behavior.