Buyers Beware: Georgia Home Sellers May Not Have to Disclose Certain Issues

Klosinski Overstreet discusses how Georgia home sellers may not have to disclose certain issues with the house.

In Georgia, there are certain things that home sellers have to disclose to potential buyers prior to closing. However, there are also issues that Georgia home sellers are under no legal obligation to disclose. As such, there is often confusion regarding what exactly sellers must disclose to potential buyers, and this leads to a litany of problems. Therefore, if you want to avoid purchasing a home in Georgia with undisclosed defects, please review the information below, and contact a Georgia real estate attorney as soon as possible for guidance. Should you have any specific questions regarding disclosure, please contact Klosinski Overstreet, LLP.

Crimes committed in a home  

Many home buyers assume that sellers must disclose information regarding past traumatic events that occurred in a home. However, Georgia sellers aren’t required to disclose whether a crime was ever committed in a home, whether someone was murdered or died in a home, and possibly even whether it was previously used as a drug lab. A homeowner must, though, must be truthful regarding this information if a potential purchaser specifically inquires. 

No disclosure form required 

Unlike some other states, Georgia does not require a seller to fill out a disclosure form. However, Georgia law does require a seller to inform a potential purchaser about any known material defects affecting the home. But even this type of disclosure isn’t required if the defect would be discovered by the buyer upon a reasonable inspection. In addition, as noted above, Georgia sellers must honestly answer all questions about a piece of property when posed by purchasers. Therefore, it is important for buyers to ask many questions during the purchasing process. 

Due diligence 

Since home sellers in Georgia aren’t required to make certain disclosures to home buyers, it is imperative that all buyers perform due diligence during the home purchasing process. And one of the best ways to ensure that a home isn’t suffering from an undisclosed defect is to hire a home inspector and/or other contractors as may be necessary. 

Contact our experienced Georgia real estate attorneys 

Are you in the market for a new home in Georgia? If so, you need an experienced Georgia real estate attorney to assist you with your Georgia real estate transaction. At Klosinski Overstreet, LLP, we will assist you with all legal aspects of your real estate transaction, including identifying undisclosed property defects that might impact your purchase decision. Our experienced Georgia real estate attorneys have experience facilitating the purchase of many types of properties, including single-family homes, condominiums, and multifamily properties, and we will work diligently to ensure that your transaction is a success. Therefore, if you are planning on buying a new home in the state of Georgia, please contact us as soon as possible for a free consultation. 

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