What do Georgia sellers have to disclose when selling a home?
Georgia doesn't require you to fill out a disclosure form, but it does require you to tell buyers about hidden defects you know about. If you're aware of a problem a buyer couldn't spot on a reasonable inspection, like a failing sewer line or a leaking roof, and you stay quiet, you can face a fraud claim after closing. The Georgia Association of REALTORS® Seller's Property Disclosure Statement (form F301) exists to help you put those disclosures in writing.
Sellers in Marietta, Smyrna, Kennesaw, Acworth, Powder Springs, and Mableton, and over in Cherokee County, in Woodstock, Canton, and Holly Springs, ask me some version of the same question before they list: "Do I really have to tell the buyer about that?" For known hidden problems, the answer is yes. For a lot of other things, the answer is more nuanced, and the difference matters because the risk shows up months after closing, not at the table.
This is general information from public sources, not legal advice. For your specific situation, talk with a Georgia real estate attorney.
Does Georgia require a seller disclosure form?
No. Georgia follows the "buyer beware" rule, known as caveat emptor, and Nolo's summary of Georgia law notes that state law doesn't require sellers to complete a disclosure form. The F301 is optional. And because this is state law, the rules are the same whether your home is in Cobb or Cherokee County.
Skipping it doesn't remove your duty, though. The 2025 version of the F301 says it is "intended to make it easier for Seller to fulfill Seller's legal duty to disclose hidden defects in the Property of which Seller is aware." What skipping it removes is your written record of what you told the buyer and when.
The form asks you to answer "fully, accurately and to the actual knowledge and belief" of all sellers. It covers 14 areas, including:
- Structural items and alterations
- Roofs, gutters, and downspouts
- Sewer and plumbing
- Flooding, draining, and moisture
- Soil and boundaries
- Termites, pests, and wood-destroying organisms
- Environmental, health, and safety issues
- Litigation and insurance
What counts as a hidden defect you have to disclose?
Georgia's exception to buyer beware comes from case law. In Wilhite v. Mays (Georgia Court of Appeals, 1976), the court described a seller's duty to disclose when the seller "has special knowledge not apparent to the buyer and is aware that the buyer is acting under a misapprehension as to facts which would be important to the buyer." In that case, the court affirmed a judgment against a seller who didn't reveal a defective sewerage system. The Georgia Supreme Court recognized the same exception for "passive concealment by the seller of defective realty" in PBR Enterprises v. Perren (1979).
A RE/MAX Around Atlanta guide for sellers says a seller "owes a duty to disclose to prospective buyers hidden or latent defects in a property of which the seller knows of or should have known," meaning problems the buyer "could not discover upon a reasonably diligent inspection of the property."
The test is what you know, or should have known. You aren't responsible for problems nobody could have known about, but you are responsible for the ones you know about, or should have known about, that the buyer can't easily see. Think:
- A roof that has leaked, even if the stain was painted over
- Foundation or structural movement you've watched over the years
- Past water intrusion in a basement or crawl space
- A sewer or septic problem
- Termite damage or a prior treatment
Your agent can't help you keep those quiet, either. Under O.C.G.A. § 10-6A-5, a broker must timely disclose adverse material facts about the property's physical condition that the broker actually knows and that couldn't be discovered by a reasonably diligent inspection. The statute doesn't require agents to go looking for problems, only to disclose what they actually know.
Does selling "as is" protect you?
Not for problems you knew about and didn't disclose. The same RE/MAX Around Atlanta guide says, "Even if a property is sold 'as is,' known latent defects must be disclosed by the seller." An as-is clause is useful for the things a buyer can see and the things you've already disclosed, which is why it pairs well with a full F301. It isn't a shield for a concealed problem. If you're weighing that trade-off, it's worth reading our breakdown of renovating before selling versus selling as-is.
The form is optional. The duty to disclose is not. Any hidden problem you know about belongs in writing to the buyer, whether you fill out the F301 or not, and whether the contract says as-is or not.
What don't Georgia sellers have to disclose?
Georgia law carves out a few things. Under O.C.G.A. § 44-1-16, no cause of action arises against an owner or agent for failing to disclose that a property:
- Was occupied by someone with a disease highly unlikely to be transmitted through occupancy of a home
- Was the site of a homicide, felony, suicide, or accidental or natural death
There's one important catch. If a buyer asks you directly, you have to answer truthfully, unless answering would violate federal or state fair housing law. Sellers get into trouble when they treat a direct question like a negotiation and give a half-answer.
Are there disclosures Georgia sellers are required to make by law?
Yes, at least one. If your home was built before 1978, federal law most likely applies. The EPA's lead-based paint disclosure rule requires you to give buyers the EPA lead pamphlet, share what you know about lead-based paint and any available reports, include a lead warning statement, allow a 10-day window for a paint inspection or risk assessment (unless the buyer waives it), and keep a signed copy of the disclosures for three years. The EPA says sellers who don't provide the proper information may be subject to penalties.
Buyer's window to test for lead paint in a pre-1978 home
How long you must keep the signed lead disclosures
Flooding is worth being precise about, in Cobb County and Cherokee County alike. Georgia House Bill 618, which would have required sellers to disclose flood damage history, passed the House 170 to 2 in March 2025 but was tabled in the Senate in March 2026, according to LegiScan. As of this writing it has not become law, even though some websites describe it as a new law. That doesn't make flooding a safe thing to stay quiet about. The F301 asks about flooding, draining, and moisture, and a known water problem the buyer can't see falls under the same duty as any other hidden defect.
What happens if you don't disclose?
A buyer who discovers a concealed problem after closing can pursue claims for fraud, misrepresentation, or breach of contract, and Nolo notes the remedies can include rescinding the sale or recovering damages for lost value or repair costs.
Time doesn't necessarily protect you, either. Georgia courts have applied a four-year limit to fraud damages claims under O.C.G.A. § 9-3-31, but under O.C.G.A. § 9-3-96, when a defendant's fraud has kept a plaintiff from bringing suit, the limitation period "shall run only from the time of the plaintiff's discovery of the fraud." A concealed problem can surface years later.
The trade-off is lopsided. Disclosing a problem may cost you a negotiation. Hiding one can cost you a lawsuit, whether the house is in Smyrna or Ball Ground.
How do you disclose the right way?
Here's what I walk my Cobb and Cherokee County sellers through before we list:
- Complete the F301 yourself, room by room. Answer to your actual knowledge, and if you're unsure, say so instead of guessing.
- Explain every "yes" and attach documents. The form asks for explanations and supporting paperwork. Receipts, permits, and repair invoices show the buyer you dealt with the issue.
- Get ahead of surprises. A pre-listing home inspection can turn a deal-killing discovery into a known, priced-in item. For more on how signed contracts fall apart, see the top reasons home sales fall through.
- Answer direct questions completely. If a buyer asks, give a straight answer, or ask your agent or attorney how to respond.
- Keep copies. Hold onto the signed F301 and any records you gave the buyer.
Frequently Asked Questions
Is a seller disclosure form required in Georgia?
No. Georgia law doesn't require sellers to complete a disclosure form, and the Georgia Association of REALTORS® F301 is optional. Sellers still have a legal duty to disclose known hidden defects, form or no form.
Do I have to disclose problems if I sell my house as-is?
Yes, for known hidden defects. A Georgia REALTORS® course handout states that a seller is obligated to disclose latent defects even when the property is being sold as-is.
Do I have to tell buyers if someone died in the house?
Not unless asked. Under O.C.G.A. § 44-1-16, sellers and agents aren't liable for failing to disclose a death or a felony on the property, but they must answer truthfully if a buyer asks directly.
Can a buyer sue me after closing for something I didn't disclose?
Yes, if the buyer can show you concealed a hidden defect you knew about. Potential claims include fraud, misrepresentation, and breach of contract, and remedies can include rescission or damages. Georgia's fraud limitation period can be extended until the fraud is discovered.
Do I have to disclose lead paint on an older Cobb or Cherokee County home?
If the home was built before 1978, most likely yes. Federal law requires you to provide the EPA lead pamphlet, disclose what you know, include a lead warning statement, and offer the buyer a 10-day inspection window, which the buyer can waive.
Disclosure isn't about scaring buyers off. It's about making sure the deal you sign is the deal you can close, and stay closed. If you're getting ready to list in Cobb or Cherokee County and want a second set of eyes on what to disclose and how, I walk sellers through this before we ever go live.
Before you list, grab my free guide on the 7 mistakes first-time sellers make. It's a quick read, and it'll help you avoid the ones that cost sellers money. Or reach out anytime and we'll go through your F301 together.
Getting Ready to Sell in Cobb or Cherokee County?
A missed disclosure is one of the costly mistakes sellers make without realizing it. My free guide walks you through the 7 most common ones, so you can list with confidence.
Ken Mandich is a Realtor® and team lead at Complete Realty Team, serving Metro Atlanta with a focus on Cobb and Cherokee County. As an active real estate investor, Ken brings a rare combination of hands-on investing experience and full-service agent expertise to every seller and buyer he works with. He's built his business around clear communication and walking clients through every step of the process, from pricing a home right to closing with confidence. You can reach him at 404-410-6465 or [email protected].
