What must the agent do?
- AAnswer truthfully, to the best of the agent's knowledge
- BDecline to answer, because deaths never have to be disclosed
- CSay "not that I know of" to protect the seller
- DRefer the question to the seller and say nothing
Pick an answer before you read on.
Answer: A
Answer truthfully, to the best of the agent's knowledge. Section 44-1-16 removes liability for not volunteering a death, but it requires owners, brokers, and affiliated licensees to answer truthfully, to the best of their individual knowledge, any question about it. The only exception is where answering would violate federal or state law, such as the fair housing laws.
Why each choice is right or wrong
A. Answer truthfully, to the best of the agent's knowledgeCorrect answer
The buyer asked directly, and the agent knows about the death. Section 44-1-16 requires a truthful answer to the best of the agent's individual knowledge.
B. Decline to answer, because deaths never have to be disclosed
The protection for not volunteering a death changes when a direct question is asked. No legal exception to answering is established by these facts.
C. Say "not that I know of" to protect the seller
The agent does know. Saying otherwise would be false, and protecting the seller is not an exception to the truthful-answer requirement.
D. Refer the question to the seller and say nothing
The agent cannot use a referral to avoid answering a question they can answer truthfully. The section places the duty on owners, brokers, and affiliated licensees individually.
The trap
"Not required to disclose" and "allowed to lie" are different rules. A direct question changes the duty.
The Rule
An unasked death need not be volunteered. A direct question requires a truthful answer, unless answering would violate law.
What would change the answer
- If the buyer had not asked, the agent would have no duty to volunteer the death.
- If the question were about whether a past occupant had a disease such as HIV, the agent should not answer, because answering could violate fair housing law. See the related question below.
Where the rule comes from
- O.C.G.A. § 44-1-16, Disclosure of an occupant's disease or a death at the property. No lawsuit arises against an owner, broker, or affiliated licensee for failing to disclose that a property was occupied by someone with a disease highly unlikely to spread through occupancy, or was the site of a homicide, other felony, suicide, or accidental or natural death, but each must answer a direct question truthfully to the best of their knowledge unless answering would violate fair housing or other law.
This is an original teaching question written from the statute. It is not a PSI exam item, and it is not copied or reconstructed from one. On the exam, BRRETA sits inside the Georgia agency and listing content. The BRRETA guide covers the client and customer table and the dual and designated agency rules in one place.