Buyer Jenny is concerned about purchasing a home where someone may have died. Her agent tells her that under Georgia law, she cannot ask sellers or listing agents about deaths on the property. Is this advice correct?
Correct Answer
B) No, buyers can ask but agents cannot be compelled to answer
The advice is incorrect. Under O.C.G.A. § 44-1-16, buyers are not prohibited from asking about deaths or violent crimes on a property. However, licensees are not required to disclose this information and have safe harbor protection if they choose not to answer. Option A is incorrect as buyers can ask these questions. Option C is incorrect as there is no one-year limitation. Option D is incorrect as licensees are not required to disclose deaths.
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Previous Question
Under O.C.G.A. § 44-1-16, Georgia law addresses certain stigma-related facts differently from physical property conditions. A buyer asks a licensee whether any registered sex offenders live near a property. How does Georgia law classify sex-offender registry information for purposes of seller disclosure obligations?
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A seller's listing agent is asked whether claims that a property is haunted need to be included in the seller's disclosures. Under Georgia's stigmatized property statute, what is the correct guidance?