A buyer asks a Georgia broker directly whether a parcel of land contains protected wetlands. The broker has no specialized environmental training and has not received any information about wetlands on the property. What is the broker's most appropriate course of action?
Correct Answer
D) Inform the buyer that the broker cannot make a determination about wetland status, disclose any known relevant facts, and refer the buyer to a qualified environmental consultant or the U.S. Army Corps of Engineers for a wetland delineation.
Under O.C.G.A. § 43-40-25, Georgia licensees must not make misleading statements or misrepresent facts about a property. A broker without environmental expertise should not attempt to diagnose whether a parcel contains wetlands, as doing so could constitute a misleading statement and exceed the broker's competence. The proper approach is to (1) acknowledge the limitation of the broker's expertise, (2) disclose any known material facts relevant to the inquiry, and (3) refer the buyer to appropriate professionals such as environmental consultants or the U.S. Army Corps of Engineers, which has jurisdiction over wetland delineation under Section 404 of the Clean Water Act. This approach fulfills the broker's duty of honesty while staying within professional competence boundaries.
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