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Mandated DisclosuresStigmatized_property_and_44_1_16_safe_harborMEDIUM

Under O.C.G.A. § 44-1-16, which addresses stigma-related disclosures involving disease, homicide, suicide, and death in a property, which of the following statements is NOT correct?

Correct Answer

D) When a buyer asks about sex-offender registry information, the licensee is required to provide an answer from personal knowledge rather than referring the buyer to a public source.

Georgia law and accepted practice do not require a licensee to answer registry questions from personal knowledge. O.C.G.A. § 44-1-16 addresses stigma-related disclosures and does not impose a duty on licensees to research or recite sex-offender registry data. Providing unverified information could expose the licensee to liability for inaccurate statements. The proper and safer course is to refer the consumer to the publicly maintained registry so they can obtain accurate, current information directly from the official source.

Answer Options
A
A licensee generally has no duty to volunteer that a prior occupant had a disease unlikely to be transmitted through ordinary occupancy of the property.
B
When a consumer asks about sex-offender registry information, the recommended practice is to direct the consumer to the appropriate public information source.
C
Stigma issues should be analyzed separately from known material physical defects because they fall into different disclosure categories.
D
When a buyer asks about sex-offender registry information, the licensee is required to provide an answer from personal knowledge rather than referring the buyer to a public source.

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Key Terms:

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