A seller's property disclosure form states that the roof "has never leaked." The listing agent has personally observed water stains on the attic ceiling during a walkthrough. What is the agent's obligation under Georgia law?
Correct Answer
B) The agent must not repeat the seller's statement as fact when the agent has personal knowledge suggesting it may be misleading, and should not conceal a potentially material condition.
Under BRRETA (O.C.G.A. Title 10, Chapter 6A), a Georgia licensee has a duty of honesty and must not make or repeat misleading statements about material conditions. When an agent has personal knowledge that contradicts the seller's disclosure—such as observing water stains that suggest a roof leak—the agent cannot simply repeat the seller's claim as fact. The duty of honesty persists regardless of what the seller states on a form.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.
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.
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