Georgia Real Estate Disclosure Requirements
Georgia follows caveat emptor - limited disclosure requirements.
Is Georgia a Disclosure State?
NOGeorgia is NOT a mandatory disclosure state. Georgia follows "caveat emptor" (let the buyer beware), meaning sellers have no general duty to disclose property defects. However, sellers must answer truthfully if directly asked.
Property Condition Disclosure
Not RequiredGeorgia law does not require sellers to fill out a formal property condition disclosure form. Transactions are essentially "buyer beware." Many Georgia sales still use a voluntary disclosure form (such as the Georgia Association of REALTORS® form), but it is not mandated by statute.
Environmental Hazards
VoluntaryNo specific environmental disclosures are mandated in Georgia beyond federal requirements (lead-based paint for pre-1978 homes). Georgia law specifies what sellers do NOT have to disclose: prior occupants having diseases, property history involving violent crimes, murders, or suicide.
Specific Hazards Covered:
Natural Hazards
VoluntaryGeorgia does not compel disclosures of natural hazard risks (floodplains, etc.) by statute. Sellers should not actively hide such information, but have no affirmative duty to disclose absent a question.
Key Points for Georgia
- 1Georgia is a "buyer beware" (caveat emptor) state
- 2Sellers do NOT have to volunteer information about homicides or felonies on the property
- 3Sellers do NOT have to disclose HIV/AIDS status of occupants or nearby sex offenders
- 4If a buyer ASKS about a defect or issue, the seller must answer honestly
- 5Active concealment or fraud is still prohibited
- 6Many sellers still complete voluntary disclosure forms to facilitate trust
Penalties for Non-Disclosure
While there's no penalty for not providing voluntary disclosures, sellers who actively conceal defects or lie when asked direct questions may face fraud claims and civil liability.
Official Georgia Resources
Last updated: January 27, 2025