What’s on the Georgia Seller’s Disclosure Form?
DISCLAIMER: As a friendly reminder, this blog post is meant to be used for educational purposes only, not legal advice. If you need assistance navigating the legalities of what to include on the Georgia seller’s disclosure form, HomeLight always encourages you to reach out to your own advisor.
If you’re about to sell or buy a house in Georgia, you may be wondering what sort of information the seller is required to disclose about the property.
Each state has its own set of disclosure laws, and Georgia’s are a little less defined than most.
To help you navigate these murky waters, we spoke with a top real estate agent in Georgia and researched Georgia home seller requirements to answer some of the most common disclosure questions.
What is a seller’s disclosure?
When transferring real estate in the U.S., it’s common for sellers to have to disclose certain details about their property to potential buyers before the transaction can take place. These legally-binding requirements are designed to enforce transparency in the dealings so as to avoid physical or financial harm to the parties involved.
In many states, real estate disclosure is made using what’s known as a “property disclosure statement,” “transfer disclosure,” or “real estate disclosure form.” These are standard documents that outline any known issues with a home or property being sold. The information listed in these documents can vary significantly depending on where you live, and some states don’t require them to be filled out at all.
Is a seller’s disclosure form required in Georgia?
Georgia sellers are not required to fill out a formal disclosure statement. They do, however, have to inform the buyer — at least verbally — of any known problems with the condition of the home that aren’t clearly evident.
That said, most real estate agents still highly recommend filling out a disclosure statement.
“In most cases, unless you’re working with investors, it’s very wise to have one completed for the seller’s protection and for the benefit of a smoother transaction,” said Deborah Morton, a top-selling real estate agent in Acworth, Georgia, who sells properties 45% faster than the average agent in her area.
When must disclosure be given?
Disclosure doesn’t need to be given in Georgia until after an offer is made on a home.
However, Morton likes to provide that information to potential buyers as soon as possible.
“We always provide the disclosure with the listing information,” she says. “From just a good-faith standpoint, it alleviates any confusion or questions in a buyer’s mind if they know what they’re getting in advance.”
