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Mandated DisclosuresEnvironmental_and_federal_disclosures_in_gaHARD

A buyer asks a Georgia broker directly whether a parcel contains wetlands. Which statement best describes the broker's obligation regarding this type of environmental inquiry?

Correct Answer

D) The broker should avoid misleading statements, communicate known facts, and refer the buyer to qualified environmental professionals for a definitive determination.

Georgia licensees are expected to practice within their competence boundaries. Environmental conditions such as wetland status require specialized expertise beyond a broker's license. Under Georgia license law and GREC guidance, a licensee must not make misleading statements, should share material facts actually known to them, and should refer buyers to qualified professionals (e.g., environmental consultants, the U.S. Army Corps of Engineers) for definitive determinations. Guaranteeing environmental conditions would exceed the broker's scope and create potential liability.

Answer Options
A
The broker must personally guarantee the wetland status of the parcel if the buyer makes a direct request.
B
The broker may decline to respond entirely, as environmental questions fall outside the scope of any real estate transaction.
C
The broker should consult FEMA flood maps and provide a definitive environmental diagnosis to the buyer based on those maps.
D
The broker should avoid misleading statements, communicate known facts, and refer the buyer to qualified environmental professionals for a definitive determination.

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Related Topics & Key Terms

Key Terms:

georgiastate_portionenvironmental_and_federal_disclosures_in_gaga_disclosures

Related Concepts

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.

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.

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