When going through a residential real estate transaction, the buyer certainly hopes that they are not purchasing a property that has significant defects or issues that they will have to fix. Problematic issues could include a leaking roof, fire hazards, structural damage, foundation cracks and more. These could make the home unsafe, and they can undermine the investment that the buyer is making.
In many states, sellers are required to fill out a disclosure form. In this, they have to acknowledge certain defects or issues with the house, and potential buyers can see this form so that they know what they are purchasing. But Georgia has no such legal requirement. Sellers do not have to fill out disclosure forms and are not asked about these specific issues.
Does this mean they can hide defects?
Technically, no, this does not mean that the seller is allowed to hide any defects in the house. Rather, they are still obligated to report any material defects that they are aware of. If someone knows their roof is leaking, they still need to tell the buyer.
However, the lack of a disclosure form could make it easier for a seller to “forget” about a defect or simply fail to mention it to the buyer. This can make real estate transactions in Georgia a bit riskier than they would be in other states, where there are more legal protections in place.
Disputes sometimes arise when buyers and sellers encounter home defects or dispute who was responsible or what should have been disclosed. In this position, all involved need to know about their legal options.