PrepTest 126, Section 3, Question 17
Real estate agent: Upon selling a home, the(77 more words not shown)
Which one of the following(12 more words not shown)
- AIf a home's(37 more words not shown)
- BA home's sellers(24 more words not shown)
- CA home's sellers(34 more words not shown)
- DA home's sellers(28 more words not shown)
- EIf a home's(30 more words not shown)
Reading the argument
Being allowed to take the dishwasher doesn't settle whether you should tell the buyer you're taking it.
Accept the legal rules stated here: sellers may remove items that aren't permanent fixtures, and large appliances fall into that category. The agent isn't trying to take that permission away. The concern is the buyer's likely expectation. Someone touring the house might see the washer and dryer and assume they'll stay, even though the seller plans to bring them along.
The recommendation sounds reasonable: remove the appliances before showing the house or otherwise make the situation clear. But what's the moral rule behind it? Is it the seller's responsibility to correct an expectation the buyer formed without being promised anything?
What we’re looking for
That's what I'd want the principle to supply. If sellers are keeping something buyers might reasonably expect to receive, they should clearly communicate that it's excluded. That connects the buyer's expectation to the seller's duty without requiring the seller to give the belongings away.
Working the answers
- ACorrect
This makes disclosure a moral duty when buyers might assume that belongings are included but sellers plan to keep them. Large appliances fit within “any belongings,” so the rule applies directly to the agent's situation. A principle can be broader than the example and still justify it. The seller can keep the dishwasher while making clear that it isn't part of the purchase.
- B
This concerns whether buyers think appliances legally count as permanent fixtures. The agent's concern is whether buyers think they'll receive the appliances with the house. A buyer could understand that a dishwasher isn't a permanent fixture and still expect the seller to leave it voluntarily. Correcting the legal classification doesn't necessarily correct the expectation about this sale.
- C
The conclusion doesn't require sellers to leave any appliance behind. It requires them to communicate clearly if they're keeping the appliances. C imposes a different obligation: including at least some appliances with the sale.
- D
We aren't told that the sellers deliberately created a false impression. Buyers may simply have made an assumption that the sellers haven't corrected. A rule against deliberate deception doesn't, by itself, establish the broader duty to clarify that expectation. We need a principle covering the situation actually described.
- E
This applies when sellers have indicated that an appliance is included. The passage doesn't establish that they've done so; it describes what prospective buyers are likely to assume. E requires an additional fact and addresses keeping an indicated item in the sale, rather than the duty to clarify an uncorrected expectation.
More Strengthen questions
Learn the LSAT our way
Our platform drills Strengthen questions at your level and adjusts as you improve.