A Georgia listing agent receives a question from a prospective buyer asking whether any previous occupant of the property had a communicable disease. Under O.C.G.A. § 44-1-16, what is the agent's disclosure obligation?
Correct Answer
D) Georgia generally does not impose a duty to volunteer that an occupant had a disease unlikely to be transmitted through ordinary occupancy of the property.
O.C.G.A. § 44-1-16 provides a safe harbor for stigma-related facts, including the disease status of prior occupants. The statute recognizes that diseases unlikely to be transmitted through ordinary occupancy do not constitute material facts about the physical condition of the property, so sellers and licensees are generally not required to volunteer this information.
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