Selling a house comes with paperwork, deadlines, and decisions—and disclosures sit right in the middle of all three. In Georgia, the rules are a little different than in some states: there’s no state-mandated disclosure form, but sellers and brokers still have legal duties to be truthful and to disclose known, material defects. Understanding what that means (and what it doesn’t) will help you sell smoothly in Georgia.
What are real estate disclosures?
“Disclosures” are the information a seller shares about a home’s condition and history—especially facts that could affect value or safety. Think roof leaks, foundation movement, chronic moisture, electrical hazards, septic failures, past flooding, termite/wood-rot, or environmental issues. The point is transparency so buyers can make an informed decision and you avoid disputes later.
Georgia basics (the short version)
- No mandatory state form. Georgia follows “caveat emptor” (buyer beware), and there’s no statute requiring a specific seller disclosure form. Many agents still use a standard Seller’s Property Disclosure Statement because it protects everyone and organizes the facts. Nolo+1
- Known, material defects must still be disclosed—even “as-is.” You can sell as-is (no repairs), but you cannot hide or misrepresent defects you know about. Georgia REALTORS® guidance and industry practice make this crystal clear. Georgia Association of REALTORS®+1
- Broker duty to disclose known adverse facts. If a licensed broker is involved, Georgia’s BRRETA law requires the broker to disclose known adverse material facts about the property that a reasonably diligent inspection might not reveal. (Brokers aren’t required to hunt for problems; they just can’t withhold what they actually know.) Justia Law
- Federal lead-based paint (LBP) is always a must for pre-1978 homes. Sellers must give the EPA pamphlet, make a written LBP disclosure, and allow an optional 10-day inspection window before the contract is binding. This applies whether you sell to a retail buyer or a direct buyer. EPA+1
- “Stigmas” generally don’t require disclosure unless asked. Georgia’s statute says there’s no cause of action for failing to disclose a death, homicide, felony, or a prior occupant’s illness (not transmissible via occupancy). If a buyer asks, you must answer truthfully. Justia Law
Why disclosures matter (for you)
Being candid upfront reduces retrades, minimizes legal risk, and keeps deals from blowing up in due diligence. If a buyer discovers a known issue you didn’t share, you invite repair demands at best—and allegations of misrepresentation at worst. Clear disclosure builds trust and speeds the path to closing.
What typically needs to be disclosed in Georgia
When in doubt, disclose. Common items include:
- Water intrusion & mold history (source, extent, remediation)
- Roof leaks or roof near end of life
- Foundation/structural movement or repairs
- Electrical, plumbing, HVAC defects (non-functioning or unsafe)
- Septic or sewer problems; well issues
- Termite/wood-destroying organism damage and treatments
- Environmental hazards (e.g., known LBP in pre-1978 homes, fuel tanks) Georgia Association of REALTORS®+1
If you’re in an HOA, expect to provide association documents and a resale package; in Georgia these packets often cost ~$100–$450 and are commonly a seller expense. FSR
What usually doesn’t require automatic disclosure
Georgia’s “stigmatized property” statute covers deaths on the property, certain crimes, or a prior occupant’s illness—you’re not liable for failing to disclose those unless asked. When asked directly, answer honestly. Justia Law
“As-Is” vs. “Disclose”: Myth vs. Fact
- Myth: If I sell “as-is,” I don’t have to disclose problems.
Fact: As-is means no repairs are promised. It does not remove your duty to disclose known, material defects—or federal lead-paint rules for pre-1978. Georgia Association of REALTORS®+1 - Myth: A direct sale lets me skip disclosures.
Fact: Direct buyers simplify repairs, showings, and lender issues—but the same truthfulness and LBP requirements apply. EPA
How disclosures work in a direct sale to Middle Georgia Cash Homes
Selling directly to Middle Georgia Cash Homes in Georgia can cut out weeks of hassle (no showings, no repair lists, no appraisal). But we’ll still ask about known issues so we can price the home accurately—and so your file is clean. If your home was built before 1978, we’ll include the LBP pamphlet and disclosure in the paperwork. You get simplicity and compliance.
What you’ll typically provide:
- A quick condition overview (what works, what doesn’t)
- Any receipts or reports (roof, HVAC, septic, termite, major repairs)
- LBP disclosure if pre-1978 (plus the EPA pamphlet) EPA
Practical checklist before you list—or sell direct
- Gather records: service dates for roof/HVAC, septic pump/inspection, termite letters/treatments, permits.
- Note known issues: leaks, cracks, appliances that don’t work, rooms that don’t cool/heat, chronic moisture spots.
- Pre-1978? Print the EPA pamphlet and complete the LBP disclosure form with the contract. EPA
- HOA? Request the resale certificate early; HOAs and managers can take time, and there’s usually a fee. FSR
Bottom line on disclosures in Georgia
Disclosures don’t exist to sink your sale—they protect it. Georgia doesn’t make you fill out a specific form, but you must be truthful about known, material defects, and federal lead-paint rules apply to pre-1978 homes. Whether you list or sell directly to Middle Georgia Cash Homes, clear disclosures reduce surprises, protect you legally, and help you close on time.
Want a simple, compliant path? Request a no-obligation as-is offer from Middle Georgia Cash Homes today. We’ll give you a clear net sheet, handle the paperwork, and keep the process straightforward. Call/Text 478-216-1795 or submit the form on this page.
Sources (for your peace of mind)
- Georgia is “buyer beware”; no mandatory state disclosure form. Nolo+1
- Known defects must be disclosed; “as-is” does not remove that duty. Georgia Association of REALTORS®+1
- Broker duty to disclose known adverse material facts (BRRETA). Justia Law
- Federal Lead-Based Paint disclosure for pre-1978 housing. EPA+1
- Georgia “stigmatized property” statute (death/crime/illness disclosure rules). Justia Law
- Typical HOA resale certificate fees and who pays in Georgia. FSR