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Mandated DisclosuresStigmatized_property_and_44_1_16_safe_harborMEDIUM

Agent Sarah is representing a buyer interested in a home where a murder occurred three years ago. The seller has not disclosed this information. Under O.C.G.A. § 44-1-16, what is Sarah's obligation regarding this stigmatized property?

Correct Answer

B) She is not required to disclose the murder but may do so if asked directly

Under O.C.G.A. § 44-1-16, real estate licensees are not required to disclose that a property was the site of a homicide, suicide, or death by accident or natural causes, but they may disclose if directly asked. A is incorrect - disclosure is not mandatory. C is incorrect - there's no requirement to refuse showing. D is incorrect - no written permission is required for voluntary disclosure.

Answer Options
A
She must disclose the murder to her buyer client
B
She is not required to disclose the murder but may do so if asked directly
C
She must refuse to show the property until the seller discloses
D
She must obtain written permission from the seller before disclosing

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Why the Other Options Are Wrong

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Background Knowledge for Mandated Disclosures

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Related Topics & Key Terms

Key Terms:

stigmatized_propertysafe_harbordisclosure_obligationshomicide

Related Concepts

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.

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

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