Sandra is selling her home in Larimer County, Colorado. Three years ago, a licensed contractor confirmed the presence of mold caused by a slow roof leak; the leak was repaired and the mold was professionally remediated. Sandra believes the problem is fully resolved. When completing the CREC Seller's Property Disclosure form, Sandra tells her broker she does not need to disclose the past mold issue because it no longer exists. Which of the following best describes Sandra's disclosure obligation under Colorado law?
Correct Answer
B) Sandra must disclose the prior mold condition and the remediation performed, because it is a known material fact regardless of whether the problem has been corrected
Under the Colorado Seller's Property Disclosure Act (C.R.S. § 38-35.7-101 et seq.), sellers must disclose all known material facts about the property's condition — including prior environmental conditions that have been remediated. The fact that mold was confirmed and remediated is a known material fact that a reasonable buyer would consider significant. Disclosure of both the prior mold condition and the remediation performed is required. The standard is whether the seller has knowledge of the condition, not whether the condition currently exists.
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More Mandated Disclosures Questions
A buyer asks a Georgia licensee to interpret a FEMA flood zone map and determine whether the property is at risk of flooding. The licensee has no specialized training in flood mapping or hydrology. How should the licensee handle this request?
A buyer's agent discovers through public records that the property his client is under contract to purchase was built on a former landfill site that was remediated to EPA standards 15 years ago. The seller's disclosure form makes no mention of this history. What is the buyer's agent's primary obligation?
A buyer's agent discovers that a listed property contains an in-law suite that was built without permits and generates rental income for the seller. The agent also determines that the local zoning ordinance prohibits accessory dwelling units used as rental units in this residential zone. What are the buyer's agent's disclosure obligations?
A Georgia licensee representing the seller knows that the property experienced repeated sewage backups causing damage to the lower level. The seller instructs the licensee not to volunteer this information, arguing that the buyer can discover it through inspections. Under Georgia law, how should the licensee handle this situation?
Buyer's agent Tom learns from a neighbor that the property his client wants to purchase was the site of a suicide two years ago. The seller has not disclosed this information. What are Tom's obligations under Georgia law?
- → A Georgia licensee learns that a property has a known foundation crack that could affect structural integrity. The seller insists this is not a big deal and points out that a previous occupant died on the property, suggesting the licensee should focus on disclosing that instead. Under Georgia law, which statement correctly describes the licensee's disclosure obligations?
- → A Georgia licensee is preparing disclosures for a townhome sale. The property is located in an area where flood maps have recently been updated, the seller previously experienced minor water intrusion but considers it resolved, and certain environmental conditions are documented in public records. Which statement best describes the licensee's disclosure obligations?
- → At a brokerage training session in Augusta, Riley is given a Georgia scenario. Example 13 is under review. The office is debating the claim that consumers should rely solely on the licensee for mold, engineering, or survey conclusions because referrals show weakness. It is comparing that claim with the rule that flood-zone and map-related issues should be described carefully, with consumers directed to reliable sources rather than to unsupported personal interpretation. The review topic is flood maps, changing conditions, historical seller knowledge, and the limits on a licensee’s interpretation of technical data. Which statement is correct?
- → At a brokerage training session in Augusta, Avery is given a Georgia scenario. Example 12 is under review. The office is debating the claim that consumers should rely solely on the licensee for mold, engineering, or survey conclusions because referrals show weakness. It is comparing that claim with the rule that known material facts are not erased simply because the issue also appears in public records. The review topic is flood maps, changing conditions, historical seller knowledge, and the limits on a licensee’s interpretation of technical data. Which statement is correct?
- → Buyer's agent Mark discovers through public records that the property his clients want to purchase has an active code violation for an unpermitted addition. The listing doesn't mention this violation. What should Mark do under Georgia disclosure and representation requirements?
- → Broker Sarah discovers that a property she is listing has a history of flooding that occurred 3 years ago, which the seller failed to mention. The seller insists it's not relevant since repairs were made. Under Georgia law, what is Sarah's obligation regarding this information?
- → A buyer's agent is aware that a property sits in a FEMA-designated flood zone based on publicly available flood maps. The seller's disclosure form does not mention flooding. When the buyer asks the agent about potential flood risk, which approach best reflects the licensee's duty under Georgia law?
- → A seller informs his listing agent that a persistent condition in the neighborhood significantly disrupts normal use and enjoyment of the property. The seller asks whether this condition must be disclosed to prospective buyers. How should the agent advise the seller under Georgia disclosure requirements?
- → Seller Mike believes that failing to disclose a death on his property could result in the buyer suing him later. His agent tells him that Georgia law requires disclosure of all deaths to avoid future liability. Is this advice correct?
- → A buyer asks a Georgia licensee whether any registered sex offenders live near a property listed for sale. Under O.C.G.A. § 44-1-16, how should the licensee handle this inquiry?
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Previous Question
Derek is purchasing a 1960s-era home in Denver, Colorado. After the contract is executed, the seller discloses on the CREC Seller's Property Disclosure form that lead-based paint was used throughout the interior. Derek's broker explains that Colorado and federal law both impose obligations in this situation. Which statement accurately describes the combined federal and Colorado disclosure requirements for lead-based paint in this transaction?
Next Question
Tom is a Colorado licensed broker associate representing a seller in Adams County. During a walkthrough, Tom personally observes what appears to be staining consistent with a prior oil spill near the detached garage, though the seller has not mentioned it and the Seller's Property Disclosure form does not reference it. The seller insists there is nothing to disclose and instructs Tom to proceed with marketing. Under Colorado law, what is Tom's most appropriate course of action?