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.

Is a seller's disclosure form required in Georgia? Georgia sellers are not required to fill out a formal disclosure statement. They do, however, have to inform the buyer — at least verbally — of any known problems with the condition of the home that aren't clearly evident.

Sellers do not need to disclose any condition of the property that a buyer would discover upon a reasonable inspection. This would include obvious things like holes in the roof, fire damage or similar, clearly noticed things. Buyers should ask of course, but this is not required.

On July 5, 2011, the state of Georgia became authorized to administer and enforce the RRP program. Georgia's RRP rules became effective on December 9, 2010 (see Lead-Based Paint Hazard Management Rules, Georgia Code, Chapter 391-3-24).

Sellers' Required Disclosures in Georgia Although Georgia's statutes do not require sellers to fill out a disclosure form, Georgia courts have stated that home sellers must inform buyer about any latent or known material (important) defects in the condition of the home.

The state enacts these requirements in order to ensure buyers can make as informed purchase decisions as possible. Failure for a seller to disclose known defects may result in a lawsuit against the seller and/or his or her agent — a lawsuit the buyer is bound to win.

Property sellers are usually required to disclose negative information about a property. It is usually wise to always disclose issues with your home, whether you are legally bound to or not. The seller must follow local, state, and federal laws regarding disclosures when selling their home.