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Under Georgia law, the seller is obligated to disclose material defects about the property. They also have a legal obligation to truthfully answer any questions asked of them during the sales process. This law places much of the onus on the buyer to learn of any defects.

There Is No Seller Disclosure Form Required in Georgia In many states, the seller is obligated to complete a disclosure form that informs the buyer of any material defects. In Georgia, the seller does not have a legal obligation to complete the form.

Georgia Home Seller's Liability for Failure to Disclose If you know but fail to disclose important but not readily visible facts about the condition of the house, the buyer might have a legal cause of action against you for fraud, misrepresentation, or breach of contract.

In general, a disclosure document is supposed to provide details about a property's condition that might negatively affect its value. Sellers who willfully conceal information can be sued and potentially convicted of a crime. Selling a property "As Is" will usually not exempt a seller from disclosures.

For 2023, the GAR Forms Committee decided to add language to the Purchase and Sale Agreement explaining that a FIRPTA Affidavit will need to be signed so that foreign sellers are not surprised by the withholding requirement.

"A breach of this duty of disclosure will give rise to a cause of action for both rescission and damages. [Citation.]?'. Shapiro v. Sutherland, supra, 64 Cal.