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Mandated DisclosuresStigmatized_property_and_44_1_16_safe_harborMEDIUM

Licensee Amanda is working with a buyer who specifically states they will not purchase any property where someone has died. The property they're interested in was the site of an accidental death last year. What should Amanda do under Georgia law?

Correct Answer

D) She may choose to disclose to help her client make an informed decision

Under O.C.G.A. § 44-1-16, licensees have the discretion to choose whether to disclose deaths on a property. Given that the buyer has expressed specific preferences that would be material to their decision, Amanda may choose to disclose this information to better serve her client's stated needs, though she is not required to do so. Option A is incorrect as there's no mandatory disclosure requirement. Option B unnecessarily limits her service to her client. Option D is impractical and not required by law.

Answer Options
A
She must investigate and disclose all deaths since the buyer has made their preferences clear
B
She must refuse to show properties where deaths have occurred
C
She should advise the buyer to research public records themselves since she cannot disclose
D
She may choose to disclose to help her client make an informed decision

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Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

buyer preferencesaccidental deathlicensee discretionclient service

Related Concepts

Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

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