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Mandated DisclosuresEnvironmental_and_federal_disclosures_in_gaMEDIUM

A buyer's agent learns that a property under consideration was previously used as a dry cleaner and that an environmental site assessment revealed soil contamination requiring ongoing monitoring. What is the agent's primary legal obligation regarding this information?

Correct Answer

B) Disclose the known environmental condition to the buyers as a material fact affecting the property

Under Georgia license law (O.C.G.A. § 43-40-25(a)(35)), licensees are required to disclose to all parties any material facts pertaining to the property of which the licensee has actual knowledge. Soil contamination requiring ongoing monitoring is a material fact because it directly affects the property's value, use, and desirability. The agent has an affirmative duty to disclose this known condition to the buyer clients.

Answer Options
A
Recommend the buyers hire an independent environmental consultant before proceeding
B
Disclose the known environmental condition to the buyers as a material fact affecting the property
C
Refer the matter to the Georgia Environmental Protection Division and await their guidance before advising the buyers
D
Advise the buyers to negotiate a price reduction equal to the estimated remediation costs

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Related Topics & Key Terms

Key Terms:

environmental_contaminationBRRETAmaterial_factscommercial_property
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