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Mandated DisclosuresStigmatized_property_and_44_1_16_safe_harborEASY

Under Georgia law, which of the following statements correctly describes a licensee's disclosure obligations regarding deaths that have occurred on a property?

Correct Answer

C) O.C.G.A. § 44-1-16 provides that homicide, suicide, or other deaths on a property are not considered material facts that must be disclosed as property-condition issues.

O.C.G.A. § 44-1-16 establishes a safe-harbor provision that specifically addresses stigma-related events. The statute provides that neither the owner nor the owner's agent is required to disclose that a property was the site of a homicide, suicide, or other death, or that a previous occupant had a disease, because these events are not treated as material facts relating to the physical condition of the property. The legislature determined that such stigma events do not affect the structural or physical integrity of real property.

Answer Options
A
A licensee must independently research and disclose to buyers whether any homicide or suicide has occurred on the property.
B
A seller is required to include any death that occurred on the property as part of the mandatory property condition disclosure.
C
O.C.G.A. § 44-1-16 provides that homicide, suicide, or other deaths on a property are not considered material facts that must be disclosed as property-condition issues.
D
A licensee who has personal knowledge of a death on the property must disclose it as a latent physical defect under Georgia law.

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