Georgia Real Estate Purchase Agreement Template

Georgia is a “buyer beware” state, which means that the seller is generally not protected from having to disclose the following:

• Non-Material Facts: Sellers and agents are not required to volunteer that a property was the site of a homicide, suicide, or felony (§ 44-1-16(a)(1)).
• Patent Defects: A seller has no duty to point out property defects that are clearly visible or could be discovered by the buyer during a reasonable inspection (Wilhite v. Mays (1976)).
• Public Record Information: Sellers do not need to disclose information that is readily available in public records, such as local crime statistics or the proximity of registered sex offenders (§ 44-1-16(b))
• Right to Silence: While the seller must answer direct questions about the property’s history or condition truthfully, silence is protected until a specific inquiry is made (§ 44-1-16(a)(1)).

Exceptions:

• Fraudulent Concealment: A seller loses “buyer beware” protection if they take active steps to hide a defect, such as painting over a recurring water leak or paneling over structural damage to prevent the buyer from seeing it (§ 23-2-53). 
• Latent Material Defects: A seller must disclose “latent” defects, which are significant problems they are aware of that the buyer could not reasonably expect to discover during a normal inspection (Wilhite v. Mays (1976)).
• New Construction: Builders of new homes are held to an implied warranty of habitability and fitness for the intended purpose. Buyers of new construction may have legal recourse against a builder for construction defects that do not meet professional standards (Holmes v. Worthey (1981)).
• Real Estate Agents: Licensed agents have a higher burden of disclosure than sellers. They are required to disclose all known “adverse material facts” regarding the property’s physical condition or the immediate neighborhood (within one mile) that the buyer could not easily discover (§ 10-6A-5).