A Georgia licensee knows that a property has a material defect, but the seller asks the licensee not to mention it to prospective buyers. How should the licensee respond?
Correct Answer
C) Disclose the known material defect to prospective buyers regardless of the seller's preference for silence
Under O.C.G.A. § 43-40-25(b)(8) and BRRETA (O.C.G.A. Title 10, Chapter 6A), Georgia licensees have an affirmative duty to disclose known material facts. A seller's request for silence does not override this legal obligation. The licensee must disclose the defect honestly to prospective buyers.
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Related Concepts
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A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.
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