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?
Correct Answer
B) No, Georgia law provides safe harbor protection for non-disclosure of deaths
The advice is incorrect. O.C.G.A. § 44-1-16 specifically provides safe harbor protection for sellers and licensees who choose not to disclose deaths on a property, protecting them from civil liability. The law was designed to prevent properties from becoming unmarketable due to stigmatizing events. Option A is incorrect as disclosure is not required. Option C is incorrect as there is no two-year rule. Option D is incorrect as protection applies to all types of deaths.
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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?
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A listing agent is asked by a buyer's agent about whether a property was previously used for illegal drug manufacturing. The activity ceased three years ago under a prior owner, and the current owner has had no incidents. Under Georgia law, what is the listing agent's disclosure obligation regarding this prior criminal activity?