A buyer's agent directly asks a listing broker two questions about the listed property: (1) whether any former occupant was HIV positive, and (2) whether the property has any known physical defects. The broker knows a previous tenant was HIV positive and that there is a documented foundation crack. How should the broker respond under Georgia law?
Correct Answer
A) Disclose the foundation crack but decline to disclose the former occupant's HIV status
Under O.C.G.A. § 44-1-16, the HIV/AIDS status of a current or former occupant is specifically protected from disclosure. The statute provides that no cause of action arises against an owner or agent for failing to disclose that an occupant was afflicted with HIV or AIDS. This protection applies regardless of whether the question is asked directly. However, known physical defects such as a foundation crack are material facts that must be disclosed under Georgia's seller disclosure obligations.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.
Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.
Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.
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