Who is least liable for misrepresentations made by the seller in a transaction?

The buyer's agent is least liable for misrepresentations made by the seller in a transaction because their primary role is to represent and advise the buyer, not the seller. While the buyer's agent has a duty to their client to investigate and disclose relevant information, they typically rely on the seller's disclosures and representations regarding the property. Unless the buyer's agent is aware of the falsehood or has intentionally misled the buyer, their liability for the seller's misrepresentations is limited.

In contrast, the seller's agent has a fiduciary duty to the seller and is expected to ensure that the seller's information is accurate and represented truthfully. The real estate agency, in a broader sense, can also be held liable if its agents fail in their duties. The buyer, being on the receiving end of misrepresentation, typically seeks recourse against the party making the false statements, which means that the buyer's agent's responsibility is comparatively limited when it comes to the seller's claims.