What’s on the Georgia Seller’s Disclosure Form?

Q&A: More expert tips about disclosures in Georgia

What if I accidentally leave something out of my disclosure?

Like everything in real estate, it just depends on the particular circumstances, Morton says.

“I have seen many sellers who just don’t know the age of the roof,” Morton says. “If they leave that line blank but write in the comments, ‘Unknown,’ can someone really hold them accountable for that?”

What if something breaks or is discovered after the disclosure?

Morton says the best way to handle a situation like this is to simply fix the damage quickly and keep the buyer informed.

“Let’s say the dishwasher breaks, leaks all over the floor and there’s some damage,” Morton says. “At that point, the buyer hasn’t purchased the home, so it would behoove the seller to fix those items and make repairs so it was as the buyer saw it. At that point, it would have to be handled between buyer and seller to come to an agreement prior to closing.”

Morton can recall one instance where something like this happened when she was working with a seller.

“We were under contract with a buyer and a tree fell on the house,” she says.

The tree took out a good portion of the roof, so the seller removed the tree and worked with their insurance company to repair the damage.

“Our closing was delayed, but the buyer was willing to extend the closing until the work was complete on the house,” Morton says. “If we could not put the house back together by the agreed-upon closing date, the buyer contractually could have terminated and walked away, because we couldn’t turn over a house in good condition by the contract date.”

What is my liability for lying or not disclosing pertinent information?

Withholding information that should be disclosed or outright lying about something either verbally or in a disclosure statement can potentially harm both you and the buyer.

If the buyer finds out you have not been truthful before closing, then they may choose to terminate the deal.

If it’s discovered after the purchase, then they could take legal action to force you to cover the damages to the home or possibly reverse the home sale altogether.

Depending on the degree of the offense, your state government could also charge you a fee for violating the state’s disclosure laws.

Morally, you could be putting the buyer’s safety or health at risk.

Morton says undisclosed water damage is perhaps the most litigious disclosure item.

“If it’s found out the seller knew about a water problem and didn’t disclose it, that’s something any buyer would be really upset to find out after the fact,” she says.

Are you ready to sell or buy a home in Georgia?

Disclosing your home’s defects may be difficult to swallow when time and money are on the line, but being sued by a disgruntled buyer for misrepresentation or breach of contract is ultimately much more expensive and time consuming. Using a property disclosure statement is the best way to ensure you’ve covered your bases.

As for buyers, spending the time and money to perform a thorough inspection of a home you’re interested in will certainly pay off in a buyer-beware state like Georgia. If nothing of concern is found during the inspection, at least you’ll have peace of mind.

HomeLight’s Agent Match can connect you with top-performing agents in Georgia who have the local experience and market knowledge to successfully guide you through every step of the home-selling or buying journey. From disclosures to closing, put a top professional in your corner.

Editor’s note: This blog post is 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.

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