Essential information for Georgia home sellers about disclosure obligations, forms, and legal requirements.
As a seller in Georgia, you have specific legal obligations to disclose material facts about your property. This guide outlines the required disclosures, forms, and best practices to ensure a transparent and compliant transaction.
Although Georgia does not mandate an official disclosure form as some other states do, Sellers must still reveal any significant defects that a buyer would not discover through a reasonable inspection.
The best way to meet this obligation is to be honest about any known issues and use the appropriate Seller's Property Disclosure Statement according to your property type.
Standard disclosure form for most residential properties
Use this form instead of F301 if the seller has not lived on the property long enough to be aware of any problems with it.
Specifically designed for condominium units
For vacant land or lot sales
For newly constructed homes
Used in addition to F310 for comprehensive new construction disclosure
Important: The Lead-Based Paint Exhibit is required for homes built before 1978. It informs buyers about the potential presence of lead-based paint, which can pose health risks, especially to children and pregnant individuals.
Sellers must disclose any known lead hazards and provide buyers with a Federal Lead-Based Paint Pamphlet. Buyers are also given a 10-day period to conduct a lead-based paint inspection or risk assessment before completing the purchase.
This disclosure applies to homes in unincorporated DeKalb County built before 1993. These properties must have water-conserving plumbing fixtures before water service can be activated for the buyer.
Sellers must inform buyers that all fixtures must meet county standards or qualify for an exemption. This helps ensure compliance and avoids delays in activating water service.
Before water service is turned on, buyers must submit a Certificate of Compliance from a licensed plumber, inspector, or county official, or provide the appropriate exemption documentation if applicable.
The Georgia Community Association Disclosure is a form provided by Georgia REALTORS®, real estate agents, and brokers to help Sellers share essential information with buyers about the property's association.
Completing the Georgia Community Association Disclosure is the most effective way to satisfy this requirement.
Selling a home "As Is" means the Seller is not making any repairs. It does not allow the Seller to hide material defects that a buyer would not typically discover through a standard inspection.
Under Georgia Code 44-1-16, Sellers are legally obligated to provide truthful answers to any questions asked by prospective buyers. This requirement promotes transparency and helps buyers make informed decisions.
Note: There are limited exceptions. If a question seeks information protected under state or federal fair housing laws, the Seller is not required to respond. These exceptions exist to uphold nondiscrimination rules and protect the rights of all parties involved.
Georgia explicitly states you do not need to disclose:
These protections align with Fair Housing rules.
Disclosures should be completed by the Seller before accepting any offer. To stay compliant with Georgia law, Sellers are encouraged to complete all required disclosure forms and upload them to their flat-fee MLS listing.
Requiring buyers to return the signed disclosures with their initial offer also helps ensure that everyone has reviewed and acknowledged the information provided.
For clients listing their home on the MLS through soldforflatfee.com, all disclosures will be uploaded to the listing as soon as it goes live. This keeps the process simple and ensures buyers have immediate access to the information they need.
We will provide you a copy of any Georgia Realtors disclosure forms for free upon submitting a Flat Fee MLS listing through our website.
Get started with our flat-fee MLS service and receive all necessary disclosure forms.
View Pricing & Get StartedThis information is provided for educational purposes only and does not constitute legal advice. Real estate disclosure requirements may vary by location and specific circumstances. We recommend consulting with a qualified real estate attorney to ensure full compliance with Georgia disclosure laws and regulations. soldforflatfee.com is not a law firm and does not provide legal advice.