A Georgia listing agent learns that a property may have environmental concerns including possible soil contamination and proximity to wetlands. The agent is unsure whether Georgia has a specific environmental disclosure statute governing these issues. Which approach best reflects how Georgia licensees should handle environmental disclosure obligations?

Correct Answer

A) Address environmental issues by disclosing known material facts, complying with applicable federal disclosure requirements, and referring buyers to qualified environmental professionals for further investigation.

Georgia does not have a universal environmental disclosure statute or a state-mandated environmental hazard form. Instead, Georgia licensees address environmental concerns through a combination of three practices: (1) disclosing known material facts under their duties established by O.C.G.A. § 43-40-25, (2) complying with federal disclosure requirements such as the Residential Lead-Based Paint Hazard Reduction Act for pre-1978 properties and EPA/HUD regulations, and (3) referring buyers to qualified environmental professionals, inspectors, or government resources (such as FEMA flood maps) for issues beyond the licensee's expertise. This layered approach protects all parties without requiring licensees to act as environmental experts.