Under Georgia law, must the listing agent volunteer the homicide?
- AYes, because it is a material fact every buyer would want
- BNo, because no lawsuit arises from failing to disclose it, unless the buyer asks
- CYes, but only in writing on the seller's disclosure form
- DNo, and the agent may deny it even if asked
Pick an answer before you read on.
Answer: B
No, because no lawsuit arises from failing to disclose it, unless the buyer asks. Under O.C.G.A. § 44-1-16, no cause of action arises against an owner, broker, or affiliated licensee for failing to disclose that a property was the site of a homicide or other felony, a suicide, or an accidental or natural death. The same section requires them to answer a direct question truthfully, to the best of their knowledge.
Why each choice is right or wrong
A. Yes, because it is a material fact every buyer would want
A buyer's possible interest does not override section 44-1-16. The statute specifically protects against a claim for not volunteering this history.
B. No, because no lawsuit arises from failing to disclose it, unless the buyer asksCorrect answer
No question has been asked. The agent need not volunteer the homicide under this section, but a later direct question would require a truthful answer to the best of their knowledge.
C. Yes, but only in writing on the seller's disclosure form
The statute does not require a written disclosure of this unasked history. Separate physical damage would raise a different disclosure issue.
D. No, and the agent may deny it even if asked
The first part is right, but the second is wrong. The protection for silence does not authorize a false denial when the buyer asks directly.
The trap
BRRETA's adverse-fact rules are about physical conditions. A death is not a physical defect, and Georgia handles it in a separate statute.
The Rule
Georgia does not require volunteering a death or crime in a home, but a direct question gets a truthful answer.
What would change the answer
- If the buyer asks, "Has anyone died in this house?", the agent must answer truthfully to the best of their knowledge.
- If the event left physical damage, such as unrepaired fire damage, that damage is a physical condition and the BRRETA disclosure rules can apply to it.
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.
- O.C.G.A. § 10-6A-5, Duties and responsibilities of broker engaged by seller. A seller's broker must perform the engagement, promote the seller's interests (including timely presenting all offers to and from the seller even when the property is under contract, though it need not seek more offers then unless the engagement says so), exercise reasonable skill and care, obey the law, keep requested confidences, and disclose to all parties actually known adverse material facts about the property's physical condition and conditions within one mile that a diligent inspection would not reveal.
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.