Generally, the responsibility to disclose falls on the seller, as the seller is most likely knowledgeable about any adverse material fact or deficiency with the property. However, if the problem is evident to the agent, or the agent has a reasonable expectation that there is a problem, it would always be in the best interest of the agent and any potential buyer to disclose the information.
The simple answer is "yes", if the agent has knowledge of the problem. Hope that helps. - Thu Dec 11 2008, 10:23