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Fill a Valid Georgia Residential Real Estate Template

The Georgia Residential Real Estate form is a disclosure document that sellers must complete when selling residential property in Georgia. This form outlines the condition of the property and provides important information to potential buyers. It is crucial for both sellers and buyers to understand the details included in this form to facilitate a transparent real estate transaction.

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Fill a Valid Georgia Residential Real Estate Template

Article Structure

Common mistakes

Leaving Blank Spaces: One common mistake is leaving spaces blank. Every section of the form must be completed. If a question does not apply, simply write "NA" to indicate that it is not relevant.
Insufficient Explanations: When a question requires an explanation, it is crucial to provide detailed information. Failing to do so can lead to misunderstandings or misrepresentations about the property's condition.
Ignoring Required Attachments: If there are any documents or reports that need to be attached, such as a boundary survey or inspection reports, neglecting to include these can create complications later in the process.
Inaccurate Information: Providing approximations without clearly labeling them as such can lead to confusion. It is vital to ensure that all information is as accurate as possible to avoid potential legal issues.
Overlooking Shared Resources: If the property shares resources, such as a water source or driveway, failing to disclose any agreements or issues related to these can result in disputes with neighbors or future owners.
Neglecting to Disclose Known Issues: If there are any defects or problems with the property, such as plumbing issues or pest infestations, these must be disclosed. Failing to do so can lead to legal repercussions and loss of trust.

Essential Points on This Form

What is the purpose of the Georgia Residential Real Estate form?

The Georgia Residential Real Estate form serves to disclose important information about a property being sold. It is designed to inform potential buyers about the property's condition based on the seller's actual knowledge. This form helps buyers make informed decisions and encourages transparency in real estate transactions.

Who is responsible for completing the form?

The seller of the property is responsible for completing the Georgia Residential Real Estate form. They must provide accurate answers to all questions and ensure that no spaces are left blank. If a question does not apply, the seller should indicate this by writing "NA." If further explanation is necessary, the seller can attach additional sheets to clarify their responses.

What should buyers do if they have concerns about the property?

Buyers should consider obtaining a professional inspection of the property. While the form provides valuable disclosures, it is not a substitute for a thorough inspection. Qualified specialists such as architects, engineers, and building inspectors can provide insights into the property's condition. Buyers should also think about including provisions in their contract regarding inspections and potential defects.

What types of disclosures are included in the form?

The form includes various disclosures related to the title, water source, sewer or septic systems, structural integrity, and existing systems and fixtures. Sellers must disclose any known issues, such as encroachments, zoning violations, or problems with plumbing and electrical systems. This comprehensive approach helps buyers understand the property's overall condition.

Can a buyer rely solely on the information provided in the form?

No, buyers should not rely solely on the information in the form. The disclosures are based on the seller's knowledge at the time of completion and do not represent the opinions of real estate agents or other parties. Buyers are strongly advised to conduct their own inspections and seek professional advice to ensure they fully understand the property's condition.

What happens if a seller fails to disclose known issues?

If a seller fails to disclose known issues, they may face legal consequences. Buyers could potentially pursue legal action for misrepresentation if they discover significant problems that were not disclosed. It is crucial for sellers to be honest and thorough in their disclosures to protect themselves from future disputes.

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Georgia Residential Real Estate 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?

- 5 -

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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Key takeaways

Complete every section of the Georgia Residential Real Estate form without leaving any spaces blank. If a question does not apply, simply write "NA."
Provide detailed explanations on attached sheets if necessary. This ensures clarity and transparency regarding the property's condition.
Understand that the disclosures made by the seller are based on their actual knowledge. These disclosures are not the representations of any real estate licensee.
Consider hiring a qualified specialist to conduct a thorough inspection of the property. This could include architects, engineers, or building inspectors.
Be aware that the information in this form is for disclosure purposes only. It is not intended to be part of any written agreement between the buyer and seller.

Document Characteristics

Fact Name	Description
Purpose of the Form	The Georgia Residential Real Estate form is designed to disclose the condition of a residential property from the seller's perspective. It aims to inform potential buyers about any known issues or defects.
Seller's Responsibilities	Sellers must complete the form thoroughly, leaving no spaces blank. If a question does not apply, they should indicate "NA." Any necessary explanations should be provided on attached sheets.
Disclosure Limitations	Disclosures in the form are based solely on the seller's actual knowledge at the time of completion. They do not constitute representations from real estate agents or other parties.
Recommended Inspections	The form advises buyers to seek professional inspections from qualified specialists, such as architects or building inspectors, for a comprehensive assessment of the property.
Governing Law	This form is governed by Georgia law, specifically the Georgia Residential Property Disclosure Act, which outlines the requirements for property disclosures in real estate transactions.