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The Georgia Residential Real Estate form, specifically known as the Residential Property Disclosure and Disclaimer Statement, is a vital document for sellers in the state of Georgia. It requires sellers to provide detailed information about the condition of their property, ensuring that buyers are well-informed about potential issues before making a purchase. By mandating that no spaces be left blank and explanations for certain items be attached if necessary, this form aims to promote transparency and reduce disputes in real estate transactions.

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In the practice of selling residential property in Georgia, a critical document is the Georgia Residential Real Estate Form, specifically designed to enhance transparency between the seller and buyer. This form, officially known as the Residential Property Disclosure and Disclaimer Statement, requires sellers to provide comprehensive details regarding the condition of their property. Sellers are instructed not to leave any spaces blank and to provide explanations on attached sheets as necessary, ensuring that potential buyers receive a thorough understanding of the property's current state. Key aspects covered include the legality and limitations of the property title, water source information, sewer or septic system details, structural integrity, systems and fixtures within the property, and common interest considerations. Additionally, this document emphasizes the seller's disclosures based on their actual knowledge of the property at the time of form completion, without intending these disclosures to be part of any written agreement between buyer and seller. It advises buyers on the importance of seeking professional advice or inspections for a more comprehensive evaluation of the property's condition. This process not only protects buyers from unforeseen issues but also helps sellers by outlining their disclosures clearly, potentially preventing legal disputes post-sale. Therefore, the Georgia Residential Real Estate Form plays a pivotal role in the sale of residential properties, balancing disclosure with disclaimer to facilitate a transparent and informed property transaction process.

Form Example

RESIDENTIAL PROPERTY DISCLOSURE AND DISCLAIMER STATEMENT

INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA". If the answer to any items requires explanation, explain on attached sheets, if necessary.

NOTICE TO THE BUYER

THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER(S), CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT ______________________________________________________________________________________________

___________________________________________________________________________________________________________.

("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME THIS DISCLOSURE FORM IS COMPLETED BY THE SELLER. THE FOLLOWING ARE DISCLOSURES MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN THE BUYER AND THE SELLER.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON YOUR BEHALF, FOR EXAMPLE, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, OR PEST AND DRY ROT INSPECTORS. THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES.

Seller(s), ____________________________________________________________, [is] / [is not] currently occupying the property.

Seller has owned the property for ______ years.

I. SELLER’S DISCLOSURES. If explanation is needed, use attached sheet if necessary. Approximations should be labeled as such.

1. TITLE

YES

UNKNOWN

A. Do you have legal authority to sell the property?

B. Is title to the property subject to any of the following:

(1) First right of refusal

If yes, explain:

(2) Option

If yes, explain:

(3) Lease or Rental Agreement

If yes, explain:

(4) Life Estate

If yes, explain:

C. Are there any encroachments, boundary disputes, or boundary agreements?

If yes, explain:

D. Are there any rights of way, easements, or access limitations that may affect the owner's use of the property?

If yes, explain:

E. Are there any written agreements for joint maintenance of an easement or right of way?

If yes, explain:

F. Is there any study, survey project, or notice that would adversely affect the property?

If yes, explain:

G. Are there any pending or existing assessments against the property?

If yes, explain:

H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the subject property that would affect future construction or remodeling?

If yes, explain:

I. Is there a boundary survey for the property? If yes, attach survey.

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1. TITLE				YES		NO	UNKNOWN
J. Are the property’s boundaries marked?
If yes, explain:
K. Are there fences on the property?
If yes, were the fences put up by the property owner?
L. Are any trees or other flora on the property diseased, dead or damaged?
If yes, explain:
M. Are there any covenants, conditions, or restrictions which affect the property?
If yes, explain:
N. Is the property accessed by public or private road?			PUBLIC		PRIVATE		UNKNOWN
If private, what yearly upkeep amount is paid by the property owner?
If private, explain road upkeep in detail:

2. WATER
A. Household Water
(1) The source of the water is:	Public	Community			Private			Shared
(2) Water source information:				YES		NO	UNKNOWN
a. Are there any written agreements for shared water source?
If yes, explain:
b. Is there an easement (recorded or unrecorded) for access to and/or maintenance of
the water source?
If yes, explain:
c. Are any known problems or repairs needed?
If yes, explain:
d. Does the source provide an adequate year round supply of potable water?

e. Are there any water treatment systems (softener, purifier, etc.) for the property?

If yes, explain, and state if the system(s) is/are leased or owned:

B. Irrigation

(1) Are there any water rights for the property?

If yes, explain:

(2)If they exist, to your knowledge, have the water rights been used during the last five- year period?

If yes, explain:

(3) If so, is the certificate available?

Explain:

C. Outdoor Sprinkler System

(1) Is there an outdoor sprinkler system for the property?

(2) Are there any defects in the outdoor sprinkler system?

If yes, explain:

3. SEWER/SEPTIC SYSTEM

A. The property is served by (circle one):	Public Sewer Main	Septic Tank System		Other Disposal System
If other, describe:
B. If the property is served by a public or community sewer main, is the house connected to the main?			Yes		No	Unknown
If no, explain:
C. Is the property currently subject to a sewer capacity charge?			Yes		No	Unknown
If yes, explain:
D. If the property is connected to a septic system:
(1) Was a permit issued for its construction, and was it approved by the city or county following its			Yes		No	Unknown
construction?
(2) On what date was it last pumped:
(3) Are there any defects in the operation of the septic system?			Yes		No	Unknown
If yes, explain:

(4) On what date was it last inspected:

By whom:

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(5) How many bedrooms was the system approved for?

E. Do all plumbing fixtures, including laundry drain, go to the septic/sewer system?	Yes		No		Unknown
If no, explain:
F. Are you aware of any changes or repairs to the septic system?	Yes		No		Unknown
If yes, explain:
G. Is the septic system, including drainage field, located entirely within the property’s boundaries?	Yes		No		Unknown
If no, explain:

4. STRUCTURAL

A. How old is the current roof? ____ years. (If unknown, mark Unknown.)						Unknown
Roof is constructed of: Asphalt Shingle, Wood Shingle, Slate, Metal, Tile, Asbestos,		Unknown,
Other:
B. Has the roof leaked during your ownership?		Yes		No		Unknown
If yes, has it been repaired?		Yes		No
Explain any roof repairs of which you are aware:
C. Has the house undergone any conversions, additions, or remodeling?		Yes		No		Unknown
1. If yes, were all building permits obtained?		Yes		No		Unknown
2. If yes, were all final inspections obtained?		Yes		No		Unknown

Explain any conversions/additions/remodeling:

D. Do you know the age of the house?		Yes	No
If yes, give year of original construction (if approximation, indicate such):
E. Are you aware of:		Yes	No
(1)	Any movement, shifting, deterioration or other problems with walls, foundation, crawl space or slab?	Yes	No
(2)	Any cracks or flaws in the walls, ceilings, foundations, concrete slab, crawl space, basement, floors or garage?	Yes	No
(3)	Any water leakage or dampness in the crawl space or basement?	Yes	No
(4)	Any dry rot on the property?	Yes	No
(5)	Any repairs or other attempts to control the cause or effect of any problem described above?	Yes	No

Explain any ‘Yes’ answer(s) to 1-5 above. When describing repairs or control efforts, describe the location, extent, date, and name of person/company who did the work. Attach any reports and/or other documentation:

F. If you know of any defect(s) regarding the following items, mark the defective item with a check:

1. Foundation	6. Fire Alarm	11. Slab Floors	16. Sidewalks		21. Balconies
2. Deck	7. Doors	12. Driveways	17. Outbuildings		22. Wood Stoves
3. Exterior walls	8. Door locks	13. Attic Stairs	18. Fireplaces
4. Chimneys	9. Patio	14. Windows	19. Garage Floors
5. Interior walls	10. Ceilings	15. Window locks	20. Walkways
If you checked any of the above items, explain the defect(s):




G. In the last 4 years, was a pest, dry rot, structural or "whole house" inspection done?				Yes	No	Unknown

If yes, which test(s), when, and by whom was the inspection done? (Attach documentation)


H. Has the property had a problem with pest control, infestations, or vermin?				Yes	No	Unknown

If yes, explain:

I. Are you aware of:

(1) Any termites, wood destroying insects or pests on or affecting the property?				Yes	No

(2) Property damage by termites, wood destroying insects or pests?				Yes	No

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If yes, describe:

(3) Any termite/pest control treatments on the property in the last 4 years?

Yes

If yes, list company and where treated:

(4) Current warranty or other coverage by a licensed pest control company on the property?

Yes

If yes, explain warranty and attach documentation:

J. Have you made a homeowner’s insurance claim(s) regarding the property in the last 4 years?

Yes

If yes, explain when and why:

5. SYSTEMS AND FIXTURES

If the following systems or fixtures are included with the transfer, do they have any existing defects:

YES

UNKNOWN

A. Electrical system, including wiring, all switches, all outlets, and service

If yes, explain:

What type of wiring comprises the electrical system?

Copper

Aluminum

Unknown

B. Plumbing system, including pipes, faucets, fixtures, and toilets

If yes, explain:

C. Hot water heater (mark one):

Electric

Natural Gas

Other:

Age: ____ years

If yes, explain:

D. Oven/stove:

Electric

Natural Gas

Other:

Age: _____ years

If yes, explain:

E. List ANY OTHER APPLIANCES TO REMAIN, attach separate sheet if necessary.

Age: _____ years

YES

UNKNOWN

If yes, explain:

Age: _____ years

If yes, explain:

Age: _____ years

If yes, explain:

F. Cooling and Heating systems

Air Conditioning (mark one):

Central Electric

Central Gas

Heat Pump

Window Unit(s) ____ # included in sale

Other (describe):

Air Conditioning (continued):

Age of cooling system: _____ years.

Zoned cooling? [Yes] [No]

Air Conditioning defects?

Unknown

Yes, explain:

Heating system (mark one):

Electric

Natural Gas

Fuel Oil

Heat Pump

Propane

Other:

Age of heating system: _____ years.

Zoned heating? [Yes] [No]

Heating system defects?

Unknown

Yes, explain:

Last date of servicing:

Heating:

Cooling:

By whom:

Are there rooms without heating/air conditioning vents?

Yes

If yes, which rooms:

G. Security system (Circle One):

Owned

Leased

Any defects?

Yes

Unknown

Describe security system:

If defects are indicated, explain:

H. Other:

Any defects?

Yes

Unknown

If defects are indicated, explain:

6. COMMON INTEREST
A. Is there a Home Owners' Association?				Yes		No	Unknown

If yes, what is the name of the association?
B. Are there regular periodic assessments:				Yes		No	Unknown
If yes, give amount per:	Month: $		Year: $		Other: $
If other, explain:
		- 4 -

C. Are there any pending special assessments?	Yes	No	Unknown

D. Are there any shared “common areas” or any joint maintenance agreements (facilities such	Yes	No	Unknown
as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in
undivided interest with others)?
If any such areas exist, explain:

7. APPLIANCES, HEATING, PLUMBING, ELECTRICAL and OTHER MECHANICAL SYSTEMS

Instructions: Mark INCL if the item is included in the sale. If item is included in sale, mark Yes or No to indicate whether item is in working order. Indicate the item’s approximate age (in years) in the ‘age’ space, if provided-- if age is unknown, mark ‘?’ in space.

ITEM

INCL

Yes

ITEM

INCL

Yes

Attic Fan

Lawn Sprinkler Auto-timer

Air Conditioner (central)

age:

Lawn Sprinkler Backflow Valve

Air Conditioner (wall/window) age:

Microwave Oven

age:

Air Cleaner/Purifier

age:

Plumbing

Ceiling Fan(s), # included ____

Pool

age:

Clothes Washer

age:

Pool Equipment/ mechanisms

age:

Convection Oven

age:

Range/Oven

age:

Dishwasher

age:

Range Timer

Door Bells

Range Vent-hood

Drain Tile System

Refrigerator

age:

Dryer

age:

Security System

Exhaust Fans (bathroom)

Smoke Detectors (battery)

Fireplace

Smoke Detectors (hardwired)

Fireplace Mechanisms

Solar Collectors

Furnace

age:

Sump Pump

Furnace Mechanisms

Toilet Mechanisms

Freezer

age:

TV Antenna/ receiver/ dish

Garbage Compactor

TV Cable wiring

Garbage Disposal

Water Heater

age:

Garage Door Opener (GDO)

Window Treatments

GDO Auto-reverse Safety Mechanism

Whirlpool/Hot-tub

age:

GDO Remote Opener(s), # included: ___

Wood Burning Stove

Gas Grill

Yard Lights

Gas Logs

Other:

Heating System (central)

age:

Other:

Heating System (supplemental) age:

Other:

Humidifier

age:

Other:

Incinerator

Other:

Intercom

Other:

Lawn Sprinkler System

Other:

Explanations: if any item above is NOT in working order, list the item and explain the defect in the space below.

8. GENERAL

YES

UNKNOWN

A. Is there any settling, soil, standing water, or drainage problems on the property?

If yes, explain:

B. Does the property contain fill material?

C. Is there any material damage to the property or any of the structure from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?

If yes, explain:

D. Is the property in a designated flood plain?

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E. Are there any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks and contaminated soil or water on the subject property?

If yes, explain:

F. Are there any tanks or underground storage tanks (e.g., chemical, fuel, etc.) on the property?

If yes, explain, and give approx. position (attach map):

G. Has the property ever been used as an illegal drug-manufacturing site?

If yes, explain:

H. If the property contains a wood-burning stove or fireplace, when was/were the chimney(ies) last cleaned?

Detail date(s) and chimney(ies), or mark Unknown:

I. Are you aware of any of the following regarding the property?

Existing or threatened legal action	Violation of any law or regulation	General stains or pet stains to carpet or floor
Transferable warranties	Any locks without keys	Unrecorded interests affecting the property
Fire Damage at any time	Appraiser or Mechanic’s Lien	Landfills or underground problems
If any of the above are marked, explain:

J.If any tests to detect radon gas have been done on the property, provide documentation. If radon gas has been detected on the property, explain when, where, by whom, and all other details:

9.FULL DISCLOSURE BY SELLERS

A. Other conditions or defects:

Does the Seller know of any other material defects affecting this property or its value that a prospective buyer

Yes No

should know about?

If yes, explain:

B. Verification:

The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.

____________________________ _____________________________________ _____________________________________

Date

Seller

II. BUYER'S ACKNOWLEDGMENT

A.As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects which are known to me/us or can be known to me/us by utilizing diligent attention and observation.

B.Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller.

C.Buyer (which term includes all persons signing the buyer's acknowledgement portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature.

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS REAL PROPERTY TRANSFER DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.

___________________________	______________________________	_____________________________
DATE	BUYER	BUYER

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➤ PDF

Document Details

Fact	Detail
1. Purpose	The form is used for disclosing the condition of a residential property.
2. Seller's Instruction	Sellers must complete the form, not leaving blank spaces, using "NA" for non-applicable items.
3. Buyer's Notice	Disclosures are based on the seller's knowledge and are for disclosure only, not part of any agreement.
4. Professional Advice	Buyers are advised to seek professional inspections for a comprehensive examination.
5. Seller's Occupancy	The form inquires if the seller currently occupies the property and for how long the property has been owned.
6. Title Disclosures	The form asks about legal authority, encroachments, easements, and other title-related matters.
7. Water, Sewer, and Septic System	It includes questions about the property's water source and any issues with the sewer/septic system.
8. Structural Aspects	Questions cover the age of the roof, any remodeling, and known defects in the structure.
9. Systems and Fixtures	This section deals with the condition of various systems such as electrical, plumbing, and heating.
10. Governing Law	The disclosures are governed by Georgia state law.

Detailed Guide for Using Georgia Residential Real Estate

Filling out the Georgia Residential Real Estate form requires careful attention to detail and honesty regarding the condition and details of your property. The form is a critical document that outlines the condition of your home or property before a sale. By accurately completing this form, sellers ensure that potential buyers are well-informed about the property they are considering purchasing. It's essential to approach this task with the intent to disclose all known issues, as failure to do so can lead to legal troubles down the line. Once the form is completed, it's advisable to review it thoroughly before submission to ensure all information is correct and no section has been overlooked.

Read the entire form carefully before you start filling it out. This will give you an overview of the information required.
Begin by filling in the full address of the property in the space provided under “NOTICE TO THE BUYER.” Do not forget to include any legal description of the property if available.
Fill in the seller information section, providing the name of the seller(s) and indicating whether the seller is currently living in the property. Specify the number of years the seller has owned the property.
For the section labeled “I. SELLER’S DISCLOSURES,” go through each question one by one. For questions that apply, mark "YES," "NO," or "UNKNOWN." If the question does not apply to your property, write "NA."
If a question requires further explanation or if you need to disclose additional information not covered by the form's check boxes, attach separate sheets of paper as needed. Ensure that these attached sheets are referenced clearly in the form where relevant and are securely attached when the form is submitted.
In the “TITLE” subsection, answer all questions regarding legal authority to sell, encumbrances, easements, and other title-related inquiries.
Under the sections “WATER,” “SEWER/SEPTIC SYSTEM,” “STRUCTURAL,” and subsequent parts, provide detailed information about the current condition of these aspects of the property. Be as accurate as possible, including details about the age, condition, and any known problems or repairs.
In the “SYSTEMS AND FIXTURES” section, accurately disclose the condition of included systems and fixtures, marking whether they have any known defects and providing details about their ages if known.
For sections relating to the Home Owners' Association, shared “common areas,” or other aspects that involve third-party management or shared responsibilities, fill out all pertinent information regarding fees, assessments, and any known issues.
Review the completed form to ensure all necessary sections are filled out and all additional documents are attached. Make sure that any "YES" answers regarding defects or issues are fully explained.
Sign and date the form as required. Ensure all attached documents are also dated and signed if applicable.

Once you have completed the form and ensured that all the information provided is accurate and truthful, the next step is to prepare for submission. This typically involves sending the form to the relevant real estate agent or directly to potential buyers, as dictated by your state's real estate regulations or your agreement with your agent. Remember, transparency and honesty in this document can prevent potential disputes and facilitate a smoother transaction process.

More About Georgia Residential Real Estate

What is the purpose of the Georgia Residential Real Estate Disclosure and Disclaimer Statement?

The purpose of the Georgia Residential Real Estate Disclosure and Disclaimer Statement is to provide prospective buyers with important information about the condition and legal status of a property before they commit to purchasing it. It outlines the seller's knowledge of the property's condition at the time of completing the form, covering various aspects such as title, water source, structural condition, and any included systems and fixtures. The disclosure aims to ensure transparency and to assist buyers in making informed decisions. Additionally, it highlights the importance of obtaining professional inspections for a more comprehensive evaluation of the property's condition.

What should a seller do if a certain question on the form does not apply to their property?

If a certain question on the Georgia Residential Real Estate Disclosure and Disclaimer Statement does not apply to the seller's property, the seller is instructed to write "NA" (Not Applicable) in the space provided. This instruction helps to ensure that no sections of the form are left blank, thereby avoiding any potential confusion about whether a question was overlooked or deemed irrelevant. Sellers are encouraged to provide complete and accurate information for all applicable sections to the best of their knowledge and to attach additional sheets if necessary for explanations.

Is the Georgia Residential Real Estate Disclosure and Disclaimer Statement a part of the contract between the buyer and the seller?

No, the Georgia Residential Real Estate Disclosure and Disclaimer Statement is not intended to be a part of the contract between the buyer and the seller. Its primary purpose is for disclosure only, providing the buyer with information based on the seller's knowledge of the property's condition and legal standing. Although the disclosures are made in good faith, they serve as a supplement to the detailed inspections and professional advice that the buyer is encouraged to obtain. The actual agreement to purchase the property and the terms of the sale are documented in a separate contract.

What actions are recommended for buyers in addition to reviewing the disclosure statement?

In addition to reviewing the Georgia Residential Real Estate Disclosure and Disclaimer Statement, buyers are strongly advised to obtain and pay for the services of qualified specialists to conduct thorough inspections of the property. These professionals may include architects, engineers, building inspectors, and pest control experts, among others. Such inspections can provide a more comprehensive examination of the specific condition of the property that might not be fully captured in the disclosure statement. Buyers are also encouraged to seek professional advice regarding any potential issues uncovered during inspections and to negotiate appropriate provisions in the purchase contract to address these concerns.

Common mistakes

When filling out the Georgia Residential Real Estate form, potential sellers can make key mistakes that may impact the sale process. Properly understanding these common missteps can provide clearer guidance and avoid future complications. Here’s a rundown of four such errors:

Leaving spaces blank: It’s emphasized that no spaces should be left blank on the form. Instead, if a question does not apply, the seller should write "NA" to indicate this status. Overlooking this simple instruction can lead to incomplete disclosures, which might mislead potential buyers or suggest that information is being withheld.
Failure to attach necessary explanations: The instructions specify that if any answer requires further explanation, those details should be provided on attached sheets. Sellers sometimes ignore this directive, either by omitting necessary details or not providing further clarification when the situation demands it. This omission can result in a lack of transparency and potential distrust from the buyer’s side.
Incorrectly handling the section on title: Questions related to the property’s title, such as legal authority to sell, encumbrances, or zoning violations, are critical. Providing inaccurate information or failing to explain yes responses in detail can cause significant legal challenges or delays in the transaction process. It's crucial to double-check this section for accuracy and completeness.
Overlooking the need for professional inspection: Although the form notes that the disclosures are based on the seller's actual knowledge and suggests obtaining professional inspections for a more comprehensive understanding, sellers might not effectively communicate this advice to buyers. Emphasizing the importance of these inspections can help ensure that buyers are fully informed and can proceed with due diligence.

In sum, attentiveness to these areas when completing the Georgia Residential Real Estate form can significantly ease the selling process. By providing complete and accurate information, and encouraging thorough inspections, sellers can foster transparency and trust, paving the way for smoother transactions.

Documents used along the form

When engaging in the sale of residential real estate in Georgia, alongside the main Georgia Residential Real Estate form, a series of other documents and forms are typically used to complete the transaction efficiently and ethically. These documents not only ensure legal compliance but also provide both buyers and sellers with the peace of mind that comes from a thoroughly documented transaction. The seamless integration of these documents into the real estate process strengthens the transparency and trust between all parties involved.

Purchase and Sale Agreement: This legally binding document outlines the terms and conditions agreed upon by the buyer and the seller, including price, closing date, and any contingencies.
Closing Disclosure: A form provided to the buyer and seller detailing the final transaction costs. This must be provided at least three business days before the loan closing for residential real estate purchases financed with a mortgage.
Loan Estimate: This form provides an estimate of the loan terms, projected payments, and closing costs to the buyer. It is typically required for home purchases being financed with a mortgage and must be provided within three business days after the submission of a loan application.
Title Search and Title Insurance Policy: A title search examines public records to verify the seller's right to transfer ownership. The buyer usually obtains title insurance based on this search to protect against any undisclosed title defects.
Home Inspection Report: Conducted by a professional inspector, this report provides an in-depth look at the condition of the property, including its structure and systems. It helps buyers understand what they are purchasing and if there are any major repairs needed.
Appraisal Report: This report gives an estimate of the property's fair market value. Required by lenders to ensure the property’s value meets or exceeds the purchase price.
Homeowners' Association (HOA) Documents: For properties in an HOA, buyers should review the HOA's covenants, conditions, restrictions, and financials to understand the rules and assess the association's health.
Lead-Based Paint Disclosure: For homes built before 1978, federal law requires sellers to disclose the presence of lead-based paint, which is harmful to health.
Property Tax Disclosures: Documents indicating the current level of property taxes and any due assessments. This information helps buyers understand future costs associated with ownership.

Together, these documents build a comprehensive package that supports the integrity of the property sale process, ensuring all parties are well-informed and protected. By doing so, they uphold the legal and ethical standards expected in the state of Georgia's real estate transactions, encouraging a smooth and mutually beneficial transfer of property.

Similar forms

The Georgia Residential Real Estate form is similar to other mandatory disclosure forms required in various states across the United States, with each tailored to the specific disclosure laws and requirements of that state. One such document is the California Real Estate Transfer Disclosure Statement (TDS). Like Georgia's form, the California TDS requires sellers to notify buyers about the condition of the property being sold, including any material facts that could affect its value or desirability. Both forms serve the purpose of ensuring transparency in the transaction, offering buyers a clear picture of what they are purchasing. Although the specifics of what must be disclosed can vary by state, the overarching goal is to arm buyers with the information needed to make informed decisions.

Similarly, the document also shares similarities with the Florida Seller’s Disclosure Form. This form, used in the state of Florida, requires sellers to divulge information regarding the condition of their property, such as the presence of any known defects, legal issues that may affect the title, and details regarding major systems (e.g., plumbing, electrical). Both the Georgia and Florida forms emphasize the importance of disclosure for items that might impact a buyer's decision or the future enjoyment of the property. Whether it's about zoning regulations, issues with the structure’s integrity, or problems with the land itself, both documents underscore the necessity for sellers to be upfront about the state of their property.

Another document with a similar purpose is the Texas Seller’s Disclosure Notice. Like Georgia’s form, Texas law requires sellers to complete this detailed notice, which covers an extensive range of property conditions — from the functioning of appliances to information about known defects and past repairs. The Texas and Georgia forms are designed to protect buyers by ensuring they are aware of any known issues with the property before closing the deal. By detailing everything from the roof's condition to the presence of hazardous materials like lead paint, these forms facilitate a level of honesty and transparency that benefits both parties in the long run.

Dos and Don'ts

When completing the Georgia Residential Real Estate form, it’s important to ensure all information provided is both accurate and thorough. To assist with this process, here are recommendations on what you should and shouldn't do.

Do:

Fill in all spaces: If a question does not apply to your property, write "NA" instead of leaving it blank to show that you did not overlook the question.
Use attached sheets for explanations: If any item requires a more detailed explanation than the form allows, attach additional sheets as necessary. Be sure to reference these sheets directly in the related form section.
Ensure accuracy: Verify all your responses for accuracy based on your actual knowledge. Guesses or approximations should be clearly labeled as such.
Attach relevant documents: If you have documents that can verify your disclosures, such as surveys, permits, or inspection reports, attach these to the form.

Don't:

Omit information: Avoid leaving out details or relevant information that could impact the buyer's decision-making process or lead to disputes later on.
Guess without indicating: If you're unsure about a specific detail, it’s better to note it as unknown rather than guess, unless you can label your guess as an approximation clearly.
Ignore required explanations: If a section requires an explanation due to a "yes" answer, do not ignore this requirement. The lack of explanation could mislead or confuse the buyer.
Forget to sign and date the form: Once all sections are completed, make sure to sign and date the form. This step verifies that you have provided the disclosures to the best of your knowledge.

Misconceptions

Understanding the Georgia Residential Real Estate form can sometimes be confusing, leading to misconceptions about what sellers and buyers are required or advised to do. Let's clarify some of the most common misunderstandings.

Every space must be filled with detailed information. While the form instructs sellers not to leave any spaces blank, it also provides the option to mark "NA" (Not Applicable) if the question does not apply. This allows for flexibility depending on the property's unique characteristics.
Sellers should make disclosures based on their assumptions. Actually, disclosures should be made based on the seller's actual knowledge of the property at the time of completing the form. Guesswork or assumptions can lead to inaccuracies and potential legal issues down the line.
The form is a binding agreement between the buyer and seller. The form clearly states that the information is for disclosure only and is not intended to be a part of any written agreement between buyer and seller. Its primary role is to inform, not to constitute a contract.
If something is wrong, the seller must fix it. The form's purpose is to disclose issues, not to obligate the seller to make repairs. The decision on how to address any disclosed issues is typically part of the negotiation between the buyer and seller and is often formalized in the purchase agreement.
All property issues must be disclosed in the form itself. While the form encourages comprehensive disclosure, it also allows for explanations to be provided on attached sheets if necessary. This means that not every detail must be squeezed into the form's provided spaces but can be elaborated upon as needed.
A "Yes" response always requires extensive explanation. Although explanations are important for transparency, the requirement to explain can vary based on the issue's complexity. Some "Yes" answers might need only a brief clarification, while others may warrant more detailed descriptions or attached documentation.
Only physical conditions need to be disclosed. The form requests information on a wide range of issues beyond just the physical condition, such as legal, environmental, and zoning issues. This highlights the broad scope of what sellers need to consider when completing their disclosures.
The form substitutes for a professional inspection. The form encourages buyers to obtain professional inspections for a comprehensive understanding of the property's condition. It's a tool for initial disclosure but not a replacement for the depth of examination an expert can provide.
Sellers who haven't experienced problems first-hand need not disclose them. Sellers are advised to disclose known issues, regardless of whether they've directly encountered the problem. If a seller is aware of a past or potential issue, it should be disclosed for the buyer's consideration, emphasizing the importance of honesty and transparency in the process.

Understanding these points can help both sellers and buyers navigate the complexities of the Georgia Residential Real Estate form more effectively, ensuring clearer communication and smoother transactions.

Key takeaways

Filling out the Georgia Residential Real Estate form is an important step in the process of selling your home. Here are some key takeaways that can help guide you through this process:

Complete the form thoroughly: Make sure to fill out the form completely. Don't leave any spaces blank. If a question doesn't apply to your property, it's appropriate to write "NA" for not applicable.
Be honest and accurate: Disclosure forms are based on your actual knowledge of the property. It’s crucial to be honest and provide accurate information to the best of your ability.
Provide explanations if necessary: If any items require further explanation, don't hesitate to attach additional sheets. Clarity is key in providing a full disclosure to potential buyers.
Understand it’s for disclosure only: The information on this form is strictly for disclosure purposes and isn't part of any agreement between the buyer and the seller.
Encourage professional inspections: Buyers are advised to hire qualified professionals for a comprehensive inspection of the property. This is beneficial for both parties to ensure a transparent and fair property assessment.
Seller's occupancy and ownership: Indicate whether you are currently living in the property and how long you have owned it. This information can be relevant to potential buyers.
Legal authority and restrictions: Be clear about your legal authority to sell the property and disclose any restrictions, like easements or zoning violations, that could affect the new owner’s use of the property.
Property specifics: Provide specifics about the property, such as water source, sewerage system, structural integrity, and any known defects. This includes details about the age of major systems like the roof and heating system.
Additional documents and inspections: If you have conducted any pest, dry rot, or structural inspections, or if you have made insurance claims related to the property in the last four years, be prepared to attach documentation and describe these circumstances.

It’s essential to approach this document with care and responsibility. Providing complete and accurate information not only follows legal requirements but also supports a trustworthy and smooth transaction between you and the buyer.

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