A real estate licensee fails to disclose certain information about a listed property. Under the safe harbor provisions of O.C.G.A. § 44-1-16, which of the following undisclosed facts would still expose the licensee to potential liability?
Correct Answer
D) A known mold contamination issue affecting the property's HVAC system
O.C.G.A. § 44-1-16 provides safe harbor protection specifically for nondisclosure of deaths on a property, including those resulting from homicide, suicide, accident, or natural causes. Mold contamination affecting the HVAC system is a material physical defect unrelated to any death on the property, so it falls entirely outside the scope of the safe harbor provision. Licensees remain fully obligated to disclose known material defects like mold contamination.
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