What are the legal consequences of "failure to disclose" material facts about a property?

When a seller fails to disclose material facts about a property, they can indeed face significant legal consequences. The correct choice identifies that the seller may be liable for damages or for rescission of the contract. This liability arises from the principle of honesty and full disclosure in real estate transactions.

Material facts are information that could influence a buyer's decision regarding the purchase of a property. If the seller knowingly withholds important information, such as structural issues, legal encumbrances, or any defects, they can be held responsible for any resulting harm to the buyer. This often results in the buyer seeking monetary damages to compensate for their losses or, in some cases, wanting to rescind the contract altogether, meaning they wish to nullify the agreement as if it never existed.

In contrast, having no legal consequences would undermine consumer protection laws designed to ensure that buyers are fully informed about their potential purchases. Other options that suggest losing negotiation rights or fines for agents do not directly address the seller's obligation and the resultant liability for non-disclosure. Each of these aspects reinforces the crucial nature of transparency in real estate transactions, ensuring that all parties make informed decisions.