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In order to successfully prove this claim, the buyer would need to show the following: The concealment of the defect was an act of fraud or deceit. The buyer could not have discovered the defect through their own due diligence. The seller knew of the defect, and they said nothing.

Ing to Georgia law, buyers cannot win a legal claim against the seller of a property for fraudulent concealment if the defect or damage could have been discovered by the buyer through a careful inspection.

Georgia's statutes do not actually require sellers to fill out a disclosure form or otherwise take proactive steps to advise buyers of defects on the property. In fact, unlike in some states, Georgia courts follow the ancient doctrine of "caveat emptor" or "let the buyer beware" when it comes to sales of real estate.

If you've sold or purchased a home in Michigan after 1994, you're probably familiar with a Seller's Disclosure Statement (?SDS?). An SDS is a list of 59 questions concerning the condition of the property. A seller must complete an SDS by answering the questions honestly and in good faith.

Home sellers in Georgia must disclose known latent or hidden defects, things that might not be discovered during a reasonable inspection of the home. A defect that's been properly repaired is no longer a defect so technically, the home seller has no obligation to disclose it.

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.