Georgia Torts Bar Practice Exam 2026 - Free Torts Bar Practice Questions and Study Guide

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When may a seller of real property be liable for conditions off the land?

If the condition was hidden from the buyer

If the seller created the condition and it posed a risk

A seller of real property may be liable for conditions off the land when the seller created the condition and it posed a risk. This liability stems from the principle that a seller should be accountable for hazardous conditions that they have introduced or contributed to, especially if those conditions are likely to cause harm to others.

In situations where the seller has actively altered or maintained a condition that can foreseeably impact adjacent property or public safety, they can be held liable. This principle ensures that individuals who create risks on their property, or allow such risks to exist, are responsible for preventing harm that may arise from those risks extending beyond their property boundaries.

The other options don’t establish liability in the same way. For instance, while hidden conditions may lead to liability under certain circumstances, the focus here is on the seller’s actions, rather than the mere presence of a hidden hazard. Similarly, alterations made by the buyer after the sale fall outside the seller's control, which absolves the seller from responsibility for any new risks arising from those changes. Lastly, buyer awareness is not directly correlated to the seller's responsibility, especially when it comes to conditions they themselves caused. Thus, the most compelling reason for liability arises when the seller has actively contributed to a dangerous condition off the

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If the buyer made alterations after the sale

If the buyer was not aware of the condition

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