Which of the following would NOT be considered a material fact requiring disclosure under Georgia real estate law?
Correct Answer
B) Seller's HIV-positive status
Correct: Under O.C.G.A. § 44-1-16, a person's HIV status is specifically protected from disclosure requirements and is not considered a material fact. Why not A: Active termite infestation affects the physical condition and value of the property. Why not C: Unpermitted additions can affect marketability, financing, and legal compliance. Why not D: Flooding issues directly affect the property's condition and habitability.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.
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