4 min read May 07, 2024

Seller’s Disclosure Georgia (2024 Updates)

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Edited By

Megha Mulchandani

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Editor
Edited By

Megha Mulchandani

Editor, Houzeo
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Megha M. is a content editor who loves to play with words. Apart from this, she is a theater artist and a public speaker who transforms into various personas on stage.

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60% of sellers do not disclose defects in their homes to the buyers. Moreover, 95% of homebuyers find issues with their new properties after the closing process is complete. To avoid such issues seller disclosure in Georgia was formed.

The seller provides buyers with a document known as a seller disclosure. It outlines known material defects or issues with the property. If you hide defects knowingly or unknowingly, you might end up in lawsuits, lose money, and damage your reputation.

Real estate companies can assist you with disclosure forms. You’ll get federal and state disclosures, which makes the selling process hassle-free.

Is Seller’s Disclosure Required in Georgia?

No, since Georgia is a “caveat emptor” state which means “let the buyer beware”. There is no mandatory disclosure form. However, you must disclose material defects that a home inspection wouldn’t reveal and answer buyer questions truthfully.

What Do Georgians Have to Disclose When Selling Their House?

Here are the things you have to disclose while selling a house in Georgia:

  • Lead-Based Paints: You need to provide information about lead-based paint if your property was built before 1978. The buyer has the right to inspect for lead-based paint.
  • Structure & Appliances: This section details any leakage problems in the structure of your home. You have to mention whether your property’s HVAC, electrical, mechanical, sprinkler, or plumbing systems are up to date.
  • Natural Hazard Disclosure: You should reveal if the property is located in an area prone to natural hazards. This information helps buyers assess potential risks associated with the property.
  • Soil Boundaries: You have to disclose the history of foundation settlement due to soil conditions.
  • Landfills and Graveyards: If your property is located near or on past landfills or graveyards, this information needs to be disclosed.
  • Boundary Disputes: You must disclose if there are any ongoing legal disputes in the property’s boundaries.
  • Termites, Pests and Wood Destroying Organisms: Termites, dry rot, and other pests can be classified as wood-destroying organisms (WDOs) and should be disclosed.
  • Litigation and Insurance: You need to disclose past lawsuits or insurance claims. These are related to environmental issues or safety hazards on the property.

What Do Sellers Not Have to Disclose?

The following is the information you are not required to disclose as part of § 44-1-16 of Title 44, Chapter 1 of the Georgian Code

  • For failure to disclose that the property is occupied or was occupied by a person who was infected with a virus or any disease that is highly unlikely to be transmittable.
  • Suicide, homicide, or death due to natural or accidental causes unrelated to the property’s condition.

Consequences of Lying on Georgia Seller’s Disclosure

You will face severe consequences if you lie on the Georgia Seller’s Disclosure Notice. Buyers receive accurate information about the property’s condition through this designed legal document.

If you state false or misleading information on the disclosure, you may face legal action from the buyer. You may face civil penalties, including fines if you fail to disclose known defects. Moreover, negligent misrepresentation or fraud claims may hold you liable.

Bottom Line

Seller disclosure in Georgia is a vital part of real estate transactions. Also, it requires you to reveal known material defects in a property. Providing false information on disclosure may lead to legal repercussions.

Houzeo can help you with this. By listing your property with Houzeo, you get access to all electronic forms. And that too, for FREE! Houzeo has segregated all the disclosures state-wise so that you don’t have to hunt for Georgia seller disclosures separately.

Frequently Asked Questions

Are seller disclosures required in Georgia?

No, it is not mandated by law to fill the Seller Disclosure Statement Form but it is highly advisable to the seller to fill the form to avoid future legal repercussions.

Is Georgia a caveat-emptor state?

Yes, Georgia is a "buyer-beware state" wherein buyers on end conduct due diligence on the property.

Do you have to disclose a death in a house in Georgia?

No. Georgia law does not mandate disclosing previous death, homicide, or suicide on the property.

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