A listing agent learns that a property built in 1965 is located in a federally designated flood zone, contains asbestos materials in the basement, and may have lead-based paint. The seller instructs the agent to disclose only the flood zone status. How should the agent respond?
Correct Answer
B) Inform the seller that all known material conditions must be disclosed and that federal lead-based paint disclosure is independently required
Under BRRETA (O.C.G.A. § 10-6A-5), agents must disclose all known material facts affecting property value or desirability, which includes flood zone status and asbestos presence. Additionally, the Residential Lead-Based Paint Hazard Reduction Act (Title X) independently mandates lead-based paint disclosures for all homes built before 1978. The agent cannot comply with the seller's request to limit disclosures without violating both state and federal law.
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