FACTS: A listing agent is asked to list for sale her brother-in-law’s house.

ISSUE: Should the agent disclose her relation to the seller who is her brother-in-law?

ANSWER: Yes

DISCUSSION:         

A.A.C. R4-28-1101(E)(2): A real estate salesperson or broker shall not act directly or indirectly in a transaction without informing the other parties in the transaction, in writing and before the parties enter any binding agreement, of a present or prospective interest or conflict in the transaction, including that the:

            2. Purchaser or seller is a member of the salesperson’s, broker’s, or designated broker’s    immediate family;

A.A.C. R4-28-101: “Immediate family” means persons related to an individual by blood, marriage, or adoption, including spouse, siblings, parents, grandparents, children, and grandchildren (emphasis added).

Therefore, the agent must disclose that the property is owned by her brother-in-law.