Mandated Disclosures Exam Questions
Mandated Disclosures covers the legally required information that sellers, buyers, and agents must provide during a real estate transaction, including property condition disclosures, lead-based paint disclosures, and natural hazard disclosures. Although it carries a lower exam weight at 6%, this topic offers relatively straightforward questions that represent easy scoring opportunities for well-prepared candidates. The most frequently tested area is the federal Lead-Based Paint Disclosure requirement for homes built before 1978, along with the concept of "material facts" that must be disclosed regardless of whether a property is sold "as-is." State-specific disclosure forms and timing requirements also appear, so understanding the general framework is essential even if your state has unique rules.
What You Need to Know About Mandated Disclosures
Mandated Disclosures covers the legally required information that sellers and agents must provide to buyers during a real estate transaction. While this topic carries a lower exam weight at 6%, the questions tend to be straightforward, making it an excellent area to score easy points.
The most important federal disclosure requirement is the Lead-Based Paint Disclosure for homes built before 1978. Sellers must disclose known lead paint hazards, provide the EPA pamphlet "Protect Your Family from Lead in Your Home," and give buyers 10 days to conduct a lead inspection. This applies to all residential sales and leases of pre-1978 housing, with limited exemptions.
Beyond lead paint, agents must disclose all known material facts β any information that could affect the buyer's decision to purchase or the price they would offer. Even in "as-is" sales, disclosure obligations remain. Many states have specific disclosure forms covering property conditions, natural hazards, environmental hazards, and neighborhood conditions. Know your state's requirements, including timing deadlines for providing disclosures.
- Lead paint disclosure applies to ALL residential properties built before 1978
- Buyers get 10 days for lead inspection β this is a federal requirement
- "As-is" does NOT eliminate disclosure obligations
- Agents must disclose known material facts even if the seller doesn't want them to
Sample Disclosures Questions
200+ in bankA buyer asks a Georgia licensee to interpret a FEMA flood zone map and determine whether the property is at risk of flooding. The licensee has no specialized training in flood mapping or hydrology. How should the licensee handle this request?
A buyer's agent discovers through public records that the property his client is under contract to purchase was built on a former landfill site that was remediated to EPA standards 15 years ago. The seller's disclosure form makes no mention of this history. What is the buyer's agent's primary obligation?
Federal law requires sellers and landlords to disclose known lead-based paint hazards in residential properties built before what year?
A Georgia licensee is preparing disclosures for a townhome sale. The property is located in an area where flood maps have recently been updated, the seller previously experienced minor water intrusion but considers it resolved, and certain environmental conditions are documented in public records. Which statement best describes the licensee's disclosure obligations?
Buyer's agent Mark discovers through public records that the property his clients want to purchase has an active code violation for an unpermitted addition. The listing doesn't mention this violation. What should Mark do under Georgia disclosure and representation requirements?
A buyer's agent is aware that a property sits in a FEMA-designated flood zone based on publicly available flood maps. The seller's disclosure form does not mention flooding. When the buyer asks the agent about potential flood risk, which approach best reflects the licensee's duty under Georgia law?
Seller Mike believes that failing to disclose a death on his property could result in the buyer suing him later. His agent tells him that Georgia law requires disclosure of all deaths to avoid future liability. Is this advice correct?
A buyer asks a Georgia licensee whether any registered sex offenders live near a property listed for sale. Under O.C.G.A. Β§ 44-1-16, how should the licensee handle this inquiry?
A seller's listing agent is asked whether claims that a property is haunted need to be included in the seller's disclosures. Under Georgia's stigmatized property statute, what is the correct guidance?
Agent must disclose all EXCEPT:
A Georgia licensee is preparing a seller's property disclosure for a residential listing. The seller mentions that a registered sex offender lives two doors away. Under O.C.G.A. Β§ 44-1-16, how should this information be treated in the disclosure process?
A listing agent is asked by a buyer's agent about whether a property was previously used for illegal drug manufacturing. The activity ceased three years ago under a prior owner, and the current owner has had no incidents. Under Georgia law, what is the listing agent's disclosure obligation regarding this prior criminal activity?
A buyer's agent in Georgia is asked by a client whether the seller is required to disclose sex-offender registry information as part of the property-condition disclosure. Considering the scope and purpose of O.C.G.A. Β§ 44-1-16, which of the following statements is correct?
In Vermont, a client refuses to allow a disclosure the licensee believes is necessary. Which statement is correct?
Licensee David represents a seller whose property was the site of a suicide two years ago. A potential buyer directly asks David if anyone has ever committed suicide in the home. Under Georgia law, what are David's options?
Frequently Asked Questions
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