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Free Georgia Residential Real Estate Template in PDF

The Georgia Residential Real Estate form, known as the Residential Property Disclosure and Disclaimer Statement, serves as a critical document in the process of selling residential property within the state. It is designed to provide buyers with thorough information on the condition of the property they are considering purchasing, directly from the sellers' firsthand knowledge. This compulsory disclosure ensures transparency, advising the buyer of the property’s current state and alerting them to potential areas that might necessitate further inspection by professionals.

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Table of Contents

Engaging with the complexities of real estate transactions in Georgia necessitates a thorough understanding of the mandated Georgia Residential Real Estate form, a critical document designed to enhance transparency and accountability in property sales. This document, known as the Residential Property Disclosure and Disclaimer Statement, serves a dual purpose: it instructs sellers on how to disclose the current condition and history of their property, and it informs buyers about what they are potentially purchasing. Sellers are required to answer a wide array of questions regarding various aspects of the property, from legal issues like title disputes and zoning violations to material concerns such as the age of the roof and the condition of the plumbing and electrical systems, without leaving any sections blank. By ensuring that no spaces are left unanswered—marking "NA" where appropriate—and encouraging the attachment of additional sheets for detailed explanations, this form aims to provide a comprehensive overview of the property's condition based on the seller’s actual knowledge. Importantly, the form also clarifies that the information provided is solely for disclosure purposes and should not be construed as part of any formal agreement between buyer and seller. This emphasizes the form's role in facilitating informed decision-making rather than serving as a warranty or guarantee of the property's condition. Additionally, the form suggests that buyers should consider hiring qualified professionals to inspect the property, further underlining the principle of due diligence in real estate transactions. Whether it reflects on title-related questions that could signal legal entanglements or material defects that might need rectification, the Georgia Residential Real Estate form stands as a crucial tool in fostering a transparent, informed, and equitable property market in Georgia.

Form Sample

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 File

File Overview

#	Fact	Detail
1	Disclosure Requirement	This form is a disclosure from the seller about the condition of the property based on the seller's actual knowledge.
2	Excluded Representations	The disclosures are not representations of any real estate licensee or other party.
3	Professional Advice	Buyers are advised to seek professional inspections or advice regarding the property's condition.
4	Occupancy	The form inquires whether the seller currently occupies the property.
5	Title and Legal	Sellers disclose information on legal authority to sell, any encumbrances, rights of way, easements, and more.
6	Water and Utilities	Disclosures include details on household water source, irrigation, and outdoor sprinkler systems.
7	Sewer/Septic System	Information on the type of waste disposal system and its condition must be disclosed.
8	Structural Aspects	Sellers must disclose information on the age and condition of the roof, any remodeling, and any known defects in the property's structure.
9	Systems and Fixtures	Disclosures regarding electrical, plumbing, heating, and cooling systems are provided, alongside any known defects.
10	Governing Law	The form is subject to Georgia law, specifically regarding residential property disclosures.

Guide to Using Georgia Residential Real Estate

Filling out the Georgia Residential Real Estate form is a comprehensive process that demands attention to detail. The form serves as a crucial document in the real estate transaction process, illustrating the condition of the property in question through the disclosures made by the seller. Sellers are required to complete this form truthfully, providing potential buyers with important information about the property's history, condition, and any issues that may exist. Completion of this form is not only a legal requirement but also plays a vital role in the transparency and trust between the seller and buyer. To ensure clarity and avoid any potential disputes, follow these step-by-step instructions carefully.

Begin with the NOTICE TO THE BUYER section by providing the complete address of the property in the space provided.
Fill in the Seller(s) name and indicate whether the seller is currently occupying the property.
State how long the seller has owned the property in years.
TITLE: For each question (A to N), select 'YES,' 'NO,' or 'UNKNOWN.' Provide explanations for all 'YES' answers in the space provided or attach additional sheets if necessary.
WATER: Detail the water source and rights, including any known issues or repairs needed. Remember to explain any shared water source agreements or easements.
SEWER/SEPTIC SYSTEM: Indicate the type of disposal system the property uses and provide details regarding its condition, last inspection, and any known issues.
STRUCTURAL: Answer questions regarding the age and condition of the roof, any remodeling, and known structural issues. Check any known defects in the property’s structure.
SYSTEMS AND FIXTURES: Disclose the condition of electrical, plumbing, heating, and cooling systems, including the age and any known defects.
COMMON INTEREST: If applicable, provide details about the Homeowners' Association, including assessments and shared common areas.
Concerning APPLIANCES, HEATING, PLUMBING, ELECTRICAL, and OTHER MECHANICAL SYSTEMS, indicate whether each item is included in the sale and if it’s in working order. Provide the item’s age or mark ‘?’ if unknown.
In the GENERAL section, answer questions about environmental and property condition matters, such as drainage problems, the presence of fill material, and whether the property is in a designated flood plain.
Review all your answers carefully. Attach any additional documentation or explanations as needed. Be thorough and clear in all explanations to avoid misunderstandings.
Sign and date the form, ensuring that any additional sheets used for explanations are also signed and dated.

After completing and signing the form, it should be shared with potential buyers to provide them with the necessary property condition disclosures. This transparency helps in building a foundation of trust and understanding between the seller and buyer. If you have questions or require clarification on how to fill out any part of this form, consulting a real estate professional or attorney may be beneficial to ensure compliance with all legal requirements.

Obtain Clarifications on Georgia Residential Real Estate

FAQs About The Georgia Residential Real Estate Disclosure and Disclaimer Statement

What is the purpose of the Georgia Residential Property Disclosure and Disclaimer Statement?
This form serves as a way for sellers to inform potential buyers about the condition and specifics of a residential property. It includes disclosures on various aspects of the property based on the seller's actual knowledge at the time of completion. The intention is transparency, ensuring buyers are aware of any issues or concerns before proceeding with a purchase.
Is the seller required to fill out every section of this form?
Yes, sellers are instructed to complete all sections of the form. In instances where a question might not apply to their property, they should indicate this by writing "NA" (Not Applicable). If additional space is needed for explanations, attach extra sheets as necessary.
How should a seller handle unknown information?
For items where the seller genuinely does not know the answer, marking the "UNKNOWN" option is appropriate. It's crucial for sellers to be honest in their disclosures, providing information to the best of their knowledge without making guesses or unfounded statements.
Can the buyer rely solely on this disclosure when deciding to purchase the property?
The form explicitly states that while the seller provides this information based on their knowledge, it's not a substitute for professional inspections. Buyers are encouraged to seek out qualified specialists, such as architects, engineers, or pest inspectors, to conduct a thorough inspection of the property before finalizing the purchase.
What happens if a seller knowingly provides false information or omits known defects?
Providing false information or deliberately omitting known defects can lead to legal consequences for the seller. This might include the buyer suing for damages or to rescind the purchase agreement. Honesty in the disclosure process is not only a legal requirement but also a critical component in maintaining trust in a real estate transaction.
Are there specific professionals recommended for the inspections advised by this form?
While the form suggests obtaining inspections from qualified specialists, it doesn't endorse specific professionals. Buyers should do their research or consult with their real estate agent to find experienced and reputable experts, such as licensed building inspectors or pest control services, to conduct these inspections.
Does the seller stay responsible for defects found after the property is sold?
Generally, once the sale is completed and the disclosure form has been acknowledged as received and understood by the buyer, the seller's responsibility for defects, especially those disclosed, is significantly reduced. However, if it's found that the seller concealed known defects, they could be held liable for those even after the sale.
What should a buyer do if they discover undisclosed defects after purchase?
A buyer who uncovers problems that were not disclosed and which the seller was aware of should consult with a real estate lawyer to understand their rights and potential remedies. These might include suing for damages or seeking to have the sale reversed, depending on the severity of the undisclosed defects.
Is this form a part of the official contract for sale?
The form itself is intended for disclosure only and is not considered a part of the written agreement between the buyer and seller. However, its contents can influence contract negotiations and might be incorporated by reference within the sale contract.
What if the property condition changes after filling out the form but before selling?
Should there be any significant changes to the property or its condition after the disclosure form has been completed but before the sale is finalized, the seller is responsible for updating the buyer with this new information. Failure to do so could lead to the buyer having grounds for legal action.

Common mistakes

When filling out the Georgia Residential Real Estate Form, it is crucial to avoid common errors to ensure that the disclosure is accurate and complete. Here are the most common mistakes:

Leaving Spaces Blank: Some sellers leave sections blank if they believe an item doesn't apply. However, if a question is not applicable, the proper response is to write "NA" to indicate that clearly.
Insufficient Details for "Yes" Answers: Merely answering "yes" without providing a comprehensive explanation can lead to confusion and misunderstandings. Detailed explanations should be attached on additional sheets if necessary.
Not Attaching Necessary Documents: When the form references attachments (such as a boundary survey in question I), failing to attach these documents can lead to incomplete disclosures.
Approximations Not Labeled: Not clearly labeling approximations as such can mislead the buyer regarding the accuracy of information, like the age of the roof or house.
Error in Reporting Systems and Fixtures: Not accurately reporting the condition of included systems and fixtures, such as the electrical or plumbing system, can cause problems during the sale process.
Failing to Disclose Previous Inspections: If any inspections (pest, structural, etc.) were conducted in the past four years, failing to disclose those and provide the reports can misrepresent the property's condition.
Inaccurate Reporting on Shared Resources or Areas: Misrepresenting or not fully disclosing details about shared resources like water sources or common areas can lead to disputes post-sale.
Omitting Information on Improvements and Repairs: Not disclosing whether building permits were obtained for improvements, conversions, or remodeling can lead to legal complications for the buyer.

To avoid these mistakes, sellers must:

Complete all sections of the form, writing "NA" where applicable.
Provide detailed explanations and attach additional documents as necessary.
Ensure that all relevant inspections, improvements, and repairs are thoroughly documented.
Clearly communicate about shared resources, easements, and any joint maintenance agreements.

This approach ensures a transparent and smooth real estate transaction, safeguarding both the seller's and buyer's interests.

Documents used along the form

When engaging in the sale or purchase of residential real estate in Georgia, there are several forms and documents that are typically used in conjunction with the Georgia Residential Real Estate form. These documents play a crucial role in ensuring that all parties have a clear understanding of the property's condition, terms of sale, and legal requirements. It's essential for both buyers and sellers to be familiar with these documents for a smooth transaction.

Purchase and Sale Agreement: This legal document outlines the terms and conditions of the sale of the property, including the purchase price, closing date, and any contingencies.
Lead-Based Paint Disclosure: For homes built before 1978, this form discloses the presence of lead-based paint, which is a significant health hazard.
Loan Application: Buyers who are financing the purchase must complete a loan application to obtain a mortgage.
Appraisal Report: This report gives an estimated value of the property based on various factors and is typically required by lenders.
Title Search and Title Insurance: A title search checks the property’s history to ensure there are no issues such as unpaid taxes or disputes; title insurance protects the buyer and lender against future claims.
Home Inspection Report: Conducted by a professional inspector, this report details the condition of the property’s structure and systems, revealing any necessary repairs.
Property Survey: This document shows the property's boundaries, improvements, and any encroachments or easements.
Closing Disclosure: Provided by the lender, this form itemizes all of the costs associated with the loan and the purchase of the home.
Warranty Deed: This document transfers the title of the property from the seller to the buyer and guarantees that the seller legally owns the property and it’s free of liens.
Flood Zone Statement: For properties located in or near flood zones, this statement informs the buyer about the flood hazard and any requirement for flood insurance.

Understanding and correctly utilizing these documents ensures that the transfer of property is conducted legally and transparently, protecting the interests of all parties involved. As such, working with professionals in real estate and law is highly recommended to navigate this process successfully.

Similar forms

Lead-Based Paint Disclosure - Similar to the Georgia Residential Real Estate form in that it requires sellers to disclose information based on their knowledge. Specifically, sellers must reveal the presence of lead-based paint in the property, akin to how they disclose property conditions in the Georgia form.
Seller’s Property Disclosure Statement - This document, like the Georgia form, is used by sellers to disclose the condition of the property to potential buyers, covering various aspects such as systems, structural integrity, and any known defects or issues.
Boundary Survey - Although more specifically focused, a Boundary Survey shares similarities with sections of the Georgia Residential Real Estate form where the seller discloses information about the property’s boundaries, encroachments, or easements.
Homeowners' Association (HOA) Disclosure - Similar to parts of the Georgia form that require disclosure about HOA fees and rules, this document provides buyers with critical information regarding the governance of the community where the property is located.
Property Insurance Claims History Report (CLUE Report) - Much like the section in the Georgia form where sellers disclose past insurance claims, this report provides a history of insurance claims made on the property, giving insight into past issues that may affect the property.
Septic System Disclosure - This document parallels the parts of the Georgia Residential Real Estate form concerning the septic system, requiring sellers to disclose the condition and history of the system, including maintenance and any known problems.
Pest Inspection Report - Similar to disclosures related to pest infestations and treatments in the Georgia form, this report details any past or present pest issues, addressing concerns about termites, wood-destroying organisms, or other infestations.
Zoning Compliance Statement - Aligns with disclosures in the Georgia form regarding zoning violations, restrictions, and compliance, providing detailed information about the legal use of the property and any restrictions that apply.

Dos and Don'ts

When filling out the Georgia Residential Real Estate form, it's crucial to approach the task with attention to detail and transparency. This ensures the seller provides accurate and honest information, which is essential for a fair real estate transaction. Below are essential dos and don'ts to consider:

Do:

Fully disclose known issues: If you are aware of any defects or problems with the property, don't hide them. Transparency is key in real estate transactions.
Be specific: When explaining issues or features of the property, provide detailed information. Vagueness can lead to misunderstandings or disputes.
Use attachments if necessary: If the space provided on the form isn't sufficient for your explanations, attach additional sheets. Make sure these attachments are clearly referenced in the form.
Consult a professional: If you're unsure about certain aspects, such as the property's boundaries or systems, consider getting an expert opinion. This ensures accuracy and can prevent future issues.

Don't:

Leave blank spaces: If a question doesn't apply to your property, write "NA" instead of leaving it blank. This shows you've acknowledged all parts of the form.
Guess or approximate without indicating: If you need to estimate, clearly label these figures as approximations to avoid misleading the buyer.
Ignore the need for additional explanation: Simply ticking a box might not provide the full picture. Use the option to attach detailed descriptions when needed.
Forget to attach relevant documents: If the form references attachments, such as a boundary survey or maintenance agreements, ensure they are included with your submission.

Misconceptions

There are several common misconceptions about the Georgia Residential Real Estate Disclosure and Disclaimer Statement. Understanding these misconceptions can ensure better compliance and awareness during the housing transaction process.

Misconception 1: Sellers can leave sections blank if they're unsure.
Every question must be answered. If the seller does not have the information, they should mark "Unknown" instead of leaving it blank. This distinction is crucial for legal transparency.
Misconception 2: The form serves as a warranty.
The disclosures are based on the seller's current knowledge and do not constitute a warranty of property condition. Buyers are encouraged to conduct their own inspections for a comprehensive assessment.
Misconception 3: Only major issues need to be reported.
Sellers should disclose all known issues, whether they consider them major or minor. This includes any known defects, repairs, or maintenance issues.
Misconception 4: The form is only a formal requirement with no real legal importance.
The disclosure statement plays a critical role in the transaction process, providing legal protection for both buyer and seller by ensuring transparency about the property's condition.
Misconception 5: Sellers must fix issues disclosed in the form before sale.
While disclosing issues is mandatory, sellers are not required to resolve these issues before selling. However, disclosed issues often become negotiation points.
Misconception 6: All repairs must be professionally done to be disclosed.
Even if the seller personally made repairs, these should be disclosed, including the nature of the repair and when it was completed.
Misconception 7: The form is only useful for buyers.
While the form is designed to inform buyers, it also provides sellers with legal protection by disclosing known issues upfront, potentially avoiding future disputes.
Misconception 8: Verbal disclosures by the seller can substitute for written disclosures.
All disclosures must be made in writing on the disclosure form. Verbal statements about the property's condition are not sufficient and do not fulfill legal disclosure requirements.

Understanding these misconceptions can help sellers provide accurate and thorough disclosures, and buyers can make informed decisions about the property. This transparency fosters trust and can streamline the real estate transaction process.

Key takeaways

Understanding the Georgia Residential Real Estate form is essential for both sellers and prospective buyers. This form encompasses a range of disclosures regarding the property's condition, and here are key takeaways to guide you through filling out and using the form effectively:

Complete All Sections: Sellers are instructed to fill in every part of the form. If a question does not apply, "NA" should be written to indicate this. Leaving spaces blank can lead to confusion and potentially delay transactions.
Accuracy is Crucial: This form must be filled out based on the seller's current, actual knowledge of the property. Guesswork or approximations should be clearly labeled as such to maintain transparency and reduce liabilities.
Detailed Explanations: Should any question require further clarification or detail, sellers are advised to attach additional sheets. This allows for a comprehensive understanding of the property's condition and any potential issues.
Disclosure, Not a Guarantee: It's important for buyers to understand that the disclosures provided in the form are based on the seller’s knowledge and are not guaranteed representations of the property's condition. Buyers are encouraged to seek professional inspections for a more in-depth assessment.
Professional Inspections Recommended: The form suggests that buyers obtain services from qualified professionals such as architects, engineers, or pest inspectors to conduct thorough inspections, which are not covered by the disclosure form.
Legal and Other Issues: Sellers must disclose any known legal, environmental, or structural issues affecting the property, including but not limited to title disputes, zoning violations, boundary disputes, and the presence of easements or restrictions that may impact the use of the property.

Adhering to these instructions ensures that the Georgia Residential Real Estate form serves its purpose of disclosing the condition of a property accurately, aiding both the seller and buyer in the transaction process. Both parties may also wish to involve legal or real estate professionals to navigate the implications of these disclosures effectively.

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