Listing agent Tom discovers that his seller's property was previously occupied by someone with HIV. A buyer asks Tom if anyone with a communicable disease ever lived in the home. Which action would NOT be protected under Georgia's safe harbor provisions?
Correct Answer
C) Affirmatively stating that no person with any medical condition has ever lived in the property
Under O.C.G.A. § 44-1-16, agents are protected from liability for not disclosing that a property's occupant had HIV/AIDS or another communicable disease. However, safe harbor provisions never protect affirmatively false statements. Falsely stating that no person with a medical condition ever lived in the property is a misrepresentation, which is not shielded by any safe harbor and may also violate O.C.G.A. § 43-40-25(a)(6) prohibiting fraudulent or dishonest dealings.
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