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Mandated DisclosuresStigmatized_property_and_44_1_16_safe_harborMEDIUM

A buyer asks a Georgia licensee whether a previous occupant of a property had a communicable disease. Under O.C.G.A. § 44-1-16, what obligation does the licensee have regarding this information?

Correct Answer

D) Georgia generally does not impose a duty to volunteer that an occupant had a disease unlikely to be transmitted through ordinary occupancy of the property.

O.C.G.A. § 44-1-16 provides that licensees and sellers are generally not liable for failing to disclose that a property was occupied by a person with a disease that is unlikely to be transmitted through ordinary occupancy. This is part of the statute's stigma-related safe harbor protections, recognizing that such information relates to psychological impact rather than a physical condition of the property.

Answer Options
A
The licensee must research the medical history of all prior occupants and disclose any findings to the buyer before closing.
B
The licensee must disclose the disease history only if the property is located in a designated health-risk zone under Georgia regulations.
C
The licensee must treat disease-related occupant history the same as a structural defect and include it on the seller's property disclosure statement.
D
Georgia generally does not impose a duty to volunteer that an occupant had a disease unlikely to be transmitted through ordinary occupancy of the property.

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Key Terms:

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