Liability for misinformation broker or seller

Broker Davis is told by Seller Jones that the water heater is 3 years old.  But, Seller Jones knows it’s 10 years old and it’s just well maintained.  Broker Davis then gives this information to the buyer of the home.  When escrow closes, and the truth is discovered, who will be held liable for this?

  1.  Only Seller Jones
  2.  the buyer’s agent for not noticing this in the inspection
  3.  Both Broker Davis and Seller Jones
  4.  Only Broker Davis

The answer is A.  Since Broker Davis was given bad information by Seller Jones, Davis can not be held liable for this.  You may have selected answer B – but the age of a water heater is not something that can be verified by a physical inspection.