JUDICIAL DECISIONS Section imposes no special duties regarding pets

O.C.G.A. § 10-6A-16, under BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS.

O.C.G.A. § 10-6A-16

— O.C.G.A. §§ 10-6A-5, 10-6A-14, 43-40-15(a), and 43-4025(b)(25), and related Code sections fail to impose any duties regarding pets other than the general duty to exercise reasonable skill and care in performing all duties; thus, a trial court’s summary judgment dismissing claims against real estate agents and brokers for injuries arising from a dog bite while the injured person was viewing listed property for sale was affirmed. Gibson v. Rezvanpour, 268 Ga. App. 377, 601 S.E.2d 848, 2004 Ga. App. LEXIS 925 (2004), cert. denied, No. S04C1918, 2004 Ga. LEXIS 904 (Ga. Oct. 12, 2004). Disclosure of water and mold damage. — In a purchaser’s suit asserting fraud, rescission, breach of contract, and negligence with regard to the purchase of a townhome, the trial court properly granted summary judgment to the listing real estate agent, a listing broker, a listing brokerage, and a seller on all claims as the evidence established conclusively that a mold report that identified the water issues was disclosed to the purchaser’s real estate agent (who the purchaser did not sue). However, the court found an exception to the general rule of caveat emptor with regard to the purchaser’s claim asserting negligent repair against the seller and found the grant of summary judgment on that claim only was in error since the seller had superior knowledge of the water issues, failed to repair the water issues as advised by an engineer, and covered up the defects with sheetrock. Asuamah v. Haley, 293 Ga. App. 112, 666 S.E.2d 426, 2004 Ga. App. LEXIS 925 (2008).