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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Related Topics & Key Terms
Key Terms:
Related Concepts
A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.
An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.
Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.
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