A buyer's agent discovers through public records that the property his client is under contract to purchase was built on a former landfill site that was remediated to EPA standards 15 years ago. The seller's disclosure form makes no mention of this history. What is the buyer's agent's primary obligation?
Correct Answer
C) Inform his client about the landfill history and recommend environmental testing
A buyer's agent has a fiduciary duty to disclose all material information that could affect the client's decision. Under Georgia license law, landfill history is a material fact that could impact property value, insurability, structural integrity, and future use—regardless of prior remediation. The agent must promptly inform the client and recommend appropriate due diligence, including professional environmental testing, so the buyer can make an informed decision.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.
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