What is a seller's responsibility if they actively concealed a hazardous condition?

The seller's responsibility when they actively conceal a hazardous condition is to remain liable until the buyer discovers that condition. In tort law, particularly within the context of Georgia's approach to seller liability, if a seller knowingly hides a defect or hazardous condition, they can be held accountable for any resultant harm or damages. This stems from the principle of fraud or misrepresentation, where the seller's active concealment creates a situation where the buyer is unable to make an informed decision.

The rationale is that the seller's deceptive actions directly interfere with the buyer's ability to identify and mitigate risks associated with the property. Thus, liability continues until the buyer has either actual knowledge of the concealed condition or a reasonable opportunity to discover it. This ensures that sellers are incentivized to disclose any known hazards and fosters a fair transaction process.

In contrast to the other options, the notion that the seller is exempt from liability, cannot be sued after the sale, or has no obligations after the sale does not hold true when there’s active concealment involved. These options overlook the fundamental principle that deception in selling creates a duty to disclose, which persists until the buyer has an adequate opportunity to notice or learn of the hazard.