A Georgia buyer's agent independently discovers through county records that a listed property was used for commercial agriculture with regular pesticide application until 2015. The current seller, who purchased in 2020, has disclosed no knowledge of soil contamination on the seller's disclosure statement. How should the buyer's agent handle this information?
Correct Answer
B) Inform buyer clients of the documented agricultural history and recommend they obtain professional soil testing before purchasing.
Under O.C.G.A. § 43-40-25(a)(6) and (a)(26), Georgia licensees must not fail to disclose material facts actually known to them. Because the buyer's agent independently discovered the property's agricultural history through county records, this is now a fact known to the agent. A documented history of commercial pesticide use is information a reasonable buyer would consider relevant to a purchase decision. The agent's duty runs to the buyer client, and recommending professional soil testing allows the buyer to make an informed decision based on expert evaluation rather than speculation.
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Related Topics & Key Terms
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