Sometimes a property is “stigmatized” by the existence of various adverse circumstances which may affect a Buyer’s interest in a buying the home. Georgia has enacted a statute which protects Sellers, Brokers and Licensees from any liability for failure to disclose certain facts about a property unless they are specifically asked about them.
These include informing prospective buyers if the property was (a) the site of a homicide or other felony; (b) the site of a suicide; (c) the site of a death by other accidental or natural causes; or (d) occupied by a person who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through the occupancy of a dwelling place presently or previously occupied by such an infected person.
Section (d) was included in the stigmatized property disclosure law at a time when there was a fear that AIDS was potentially contagious through means other than the exchange of bodily fluids. Persons with AIDS are now considered disabled under the Fair Housing Act Amendments of 1988 and thus it would be unlawful to inquire whether a person with AIDS resided in the property.
Please know that if the Seller, Broker or Licensee is asked specifically whether any of the above conditions apply to a specific property, they are obligated to answer the questions truthfully to the best of that person’s knowledge. However, the stigmatized property disclosure law provides that the Broker is not required to answer any question if answering such question violates any federal or state law, including but not limited to the federal Fair Housing Act, or the state’s fair housing laws. Therefore, if a Listing Broker were asked whether someone with AIDS resided in the property, the best answer would be to tell the person that asking such a question violates the Fair Housing Act and that the Broker will not answer the question.
Thank you to Lynn LeCraw for this info!
