Jennifer represents a buyer purchasing a 1968 Victorian home in Macon. The seller provided lead paint disclosures, and the buyer waived the inspection period. Three months after closing, the buyer discovers lead paint and wants to sue Jennifer for not ensuring proper disclosure. Under Georgia law, what is Jennifer's potential liability?
Correct Answer
A) Jennifer has no liability if she ensured proper federal disclosure compliance
Correct: If Jennifer ensured compliance with federal lead-based paint disclosure requirements (proper forms, EPA pamphlet, inspection opportunity), she fulfilled her legal obligations and should have no liability for the buyer's decision to waive inspection rights. Why not B: Agents are not automatically liable for lead paint discovery if they followed proper disclosure procedures. Why not C: There is no statutory limitation of liability to commission amount for lead paint issues. Why not D: Liability is not based solely on actual knowledge but on following proper disclosure procedures.
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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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