A listing agent discovers through public records that a property was the site of a murder five years ago. The seller has not mentioned this event. Under O.C.G.A. § 44-1-16, what is the listing agent's obligation regarding this information?
Correct Answer
B) She is protected by safe harbor and may use her professional discretion on whether to disclose
Under O.C.G.A. § 44-1-16, Georgia's safe harbor provision protects real estate licensees from liability for not disclosing that a death—including a homicide—occurred on a property. The statute grants licensees discretion regarding whether to volunteer this information. There is no affirmative duty to disclose deaths on the property, regardless of how the agent learned about them.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
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