Licensee David represents a seller whose property was the site of a suicide two years ago. A potential buyer directly asks David if anyone has ever committed suicide in the home. Under Georgia law, what are David's options?
Correct Answer
D) He may choose to disclose or not disclose, with safe harbor protection either way
Under O.C.G.A. § 44-1-16, licensees have the discretion to choose whether or not to disclose deaths, including suicides, on a property. They have safe harbor protection from civil liability regardless of whether they choose to disclose or not disclose. Option A is incorrect as direct questions don't create a mandatory disclosure requirement. Option B is incorrect as he can choose to answer. Option D is incorrect as there's no requirement for partial disclosure.
Why This Is the Correct Answer
Deep Analysis of This Mandated Disclosures Question
Background Knowledge for Mandated Disclosures
Real World Application in Mandated Disclosures
Related Topics & Key Terms
Key Terms:
More Mandated Disclosures Questions
The Truth in Lending Act (TILA) requires disclosure of:
Which disclosure is required under the Real Estate Settlement Procedures Act (RESPA)?
Which federal law requires disclosure of known lead-based paint hazards in residential properties built before 1978?
A seller's agent who is aware of a material defect that the seller has not disclosed should:
For properties built before 1978, buyers must be given how many days to conduct a lead-based paint inspection?
- → What property requires Texas Seller's Disclosure?
- → Environmental hazard disclosures may include information about:
- → Property disclosure forms should be completed:
- → The buyer's right to receive disclosures typically includes:
- → Water intrusion or past flooding must be disclosed:
- → Megan's Law disclosures relate to:
- → The purpose of property disclosure requirements is to:
- → The doctrine of 'caveat emptor' (buyer beware) has been largely replaced by:
- → The majority of homes built before _____ used lead paint.
- → Lead-based paint disclosure is required for residential properties built before:
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Previous Question
A Georgia licensee knows that a previous occupant of a listed property died of a communicable disease on the premises. The licensee also knows the property has a cracked foundation that has not been repaired. How should the licensee handle these two facts under Georgia disclosure law?
Next Question
Seller Mike believes that failing to disclose a death on his property could result in the buyer suing him later. His agent tells him that Georgia law requires disclosure of all deaths to avoid future liability. Is this advice correct?