Listing agent Karen discovers that the property she is marketing has foundation issues that the sellers attempted to repair themselves without a professional assessment. The sellers insist the repairs are adequate and refuse to disclose the original problem. Under Georgia law, what is Karen's best course of action?
Correct Answer
A) Advise the sellers that both the original foundation issues and the nature of the repairs must be disclosed, and recommend a professional inspection to verify repair adequacy
Under O.C.G.A. § 44-1-16, sellers and their agents must disclose known material defects that affect the property's value or desirability. Foundation problems are significant material facts that must be disclosed regardless of attempted repairs. Karen should advise the sellers that disclosure is legally required and recommend a professional inspection so that accurate information about both the original problem and the repair adequacy can be provided to prospective buyers. While Karen cannot force the sellers to obtain an inspection, advising them to do so is the appropriate professional course of action.
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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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