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Georgia · Seller disclosures

What you must disclose to a buyer in Georgia.

Georgia is a "caveat emptor" (buyer-beware) state — NO statute forces you to fill out a disclosure form. But you DO have a legal duty to disclose known latent defects the buyer could not discover on their own; staying silent about a known hidden problem is fraud. Almost every Georgia sale uses the GAR Seller's Property Disclosure Statement to put that on the record.

Legal note: No form is mandated, but the duty to disclose KNOWN latent defects is real. If you know about a hidden problem (foundation, prior flooding, a leak behind a wall) and stay silent, the buyer can sue for fraud after closing. When in doubt, disclose it on the GAR form in writing.

  1. 01 · Strongly recommended

    Common-law duty to disclose latent defects (Georgia caveat-emptor case law)

    Seller's Property Disclosure Statement (GAR F302)

    Issued by Georgia Association of REALTORS® (GAR)

    Voluntary but near-universal. Multi-section form covering structure, roof, systems (electrical/plumbing/HVAC), water/sewer/septic, environmental hazards, termites/pests, HOA/covenants and any known material defect. Not required by statute — but completing it is the cleanest defence against a later "failure to disclose" claim.

    Open the official form ↗

  2. 02 · Required

    42 U.S.C. § 4852d

    Lead-Based Paint Disclosure (federal)

    Issued by U.S. Department of Housing and Urban Development (HUD)

    Mandatory for any residential property BUILT BEFORE 1978. The seller must disclose known lead-based-paint hazards and provide the EPA pamphlet "Protect Your Family from Lead in Your Home". Buyer has a 10-day inspection window. Skip this and the sale can be unwound after closing — federal law trumps state.

    Open the official form ↗

Need a hand?

The Sell & Connect pack includes your state's full disclosure pack and a written step-by-step guide to the forms — general information, not legal advice — plus a referral to a licensed Georgia real-estate attorney if your situation is more involved.

See Sell & Connect →

Important: YouSellSmart provides materials and process — not legal advice. The forms above are maintained by their issuing associations; verify the link is the current published version before you sign. State law updates annually.