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Ga Community AssociationAssociation_documents_disclosures_and_resale_issuesHARD

Buyer Johnson is purchasing a townhome in Brookhaven Commons HOA. The association's governing documents include restrictive covenants from 1985 that contain language now considered discriminatory. How should the listing agent handle this disclosure under Georgia law?

Correct Answer

B) Provide the original documents with a disclaimer about unenforceable provisions

The agent must provide the original governing documents as they exist, with appropriate disclaimers about unenforceable discriminatory provisions. A is incorrect as agents cannot alter legal documents. C is incorrect as original documents must be provided. D is incorrect as the documents themselves must still be disclosed even if certain provisions are unenforceable.

Answer Options
A
Redact the discriminatory language before providing documents to the buyer
B
Provide the original documents with a disclaimer about unenforceable provisions
C
Only provide amended versions that remove discriminatory language
D
Advise the buyer that discriminatory covenants are automatically void and need not be disclosed

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Related Topics & Key Terms

Key Terms:

governing_documentsdiscriminationdisclosure_requirements
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