What is the best practice to minimize liability regarding a well when acting as a listing agent?

The best practice to minimize liability regarding a well when acting as a listing agent is to document any verbal representations made by the seller in writing. This approach ensures that there is a clear and verifiable record of what was communicated, which can protect both the agent and the seller if any disputes arise later regarding the well’s condition or capabilities. By documenting these claims, the listing agent acknowledges the importance of accurate information in real estate transactions and takes due diligence seriously.

When agents rely solely on verbal claims without documentation, they may expose themselves to potential legal issues if those claims are later disputed or found to be inaccurate. Having written records can provide clarity and serve as crucial evidence should any misunderstandings occur. This practice not only aligns with ethical standards in real estate but also bolsters accountability and transparency during the transaction process.

In contrast, the other options either suggest inadequate practices or could lead to greater liability. For instance, simply assuming the seller's verbal claims are accurate dilutes the agent's responsibility to verify information and could lead to misleading a buyer. Failing to ask questions until issues arise prevents proactive risk management and might overlook potential problems that should be addressed early on. Providing past water usage does not directly ensure that current conditions or representations are accurate, as it may