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
Correct: D - He may choose to disclose or not disclose, with safe harbor protection either way. § 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. Why not A: This option is incorrect because "He must disclose the suicide since the buyer asked directly" does not match the rule tested by the question. The correct answer is "He may choose to disclose or not disclose, with safe harbor protection either way". § 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. Why not B: This option is incorrect because "He must disclose only the fact that someone died, but not the manner of death" does not match the rule tested by the question. The correct answer is "He may choose to disclose or not disclose, with safe harbor protection either way". § 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. Why not C: This option is incorrect because "He must refuse to answer to maintain seller confidentiality" does not match the rule tested by the question. The correct answer is "He may choose to disclose or not disclose, with safe harbor protection either way". § 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.
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