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Blank Georgia Residential Real Estate Form

The Georgia Residential Real Estate form serves as a crucial document for sellers and buyers in real estate transactions. This form outlines the condition of a property, providing essential disclosures from the seller based on their actual knowledge. By completing this form, sellers help buyers make informed decisions regarding their potential investment.

Outline

The Georgia Residential Real Estate form is an essential document for anyone involved in the buying or selling of residential property in Georgia. This form serves as a disclosure tool, allowing sellers to provide potential buyers with important information about the property's condition. It covers a wide range of topics, including title issues, water and sewer systems, structural integrity, and existing appliances. Sellers must answer various questions, indicating whether they have legal authority to sell the property and if there are any encroachments or boundary disputes. The form also prompts sellers to disclose details about the water source, sewer system, and any known defects in the property's structure or systems. Importantly, it emphasizes that the information provided is based on the seller's actual knowledge and is not a substitute for a professional inspection. Buyers are encouraged to seek further evaluations from qualified specialists to ensure they fully understand the property’s condition before making a purchase. This comprehensive approach helps protect both parties and fosters transparency in real estate transactions.

Sample - Georgia Residential Real Estate Form

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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Form Information

Fact Name	Description	Governing Law
Disclosure Requirement	The Georgia Residential Real Estate form mandates sellers to disclose known issues about the property's condition, ensuring transparency for prospective buyers.	O.C.G.A. § 44-1-16
Seller's Knowledge	Disclosures are based on the seller's actual knowledge at the time of completion, not representing any real estate licensee's opinions.	O.C.G.A. § 44-1-16
Professional Inspection Recommendation	The form advises buyers to obtain professional inspections for a comprehensive evaluation of the property's condition.	O.C.G.A. § 44-1-16
Occupancy Disclosure	Sellers must indicate whether they are currently occupying the property, which can affect the property's condition and maintenance.	O.C.G.A. § 44-1-16

Detailed Guide for Filling Out Georgia Residential Real Estate

Completing the Georgia Residential Real Estate form is an important step in the process of selling a property. This form requires detailed information about the property’s condition, legal status, and any potential issues that may affect its value or usability. It is essential to answer all questions thoroughly and accurately to ensure transparency with prospective buyers.

Begin by writing the property address in the designated space at the top of the form.
Indicate whether you are currently occupying the property by checking the appropriate box.
Fill in the number of years you have owned the property.
For each question in the "SELLER’S DISCLOSURES" section, answer with "YES," "NO," or "UNKNOWN." If a question does not apply, write "NA."
If any answer requires further explanation, use an attached sheet to provide additional details.
Continue through each section, including TITLE, WATER, SEWER/SEPTIC SYSTEM, STRUCTURAL, SYSTEMS AND FIXTURES, COMMON INTEREST, APPLIANCES, and GENERAL, answering all questions as accurately as possible.
In the "DEFECTS" section, check any items that have known issues and provide explanations for each defect.
Review your answers to ensure no spaces are left blank and all relevant information is provided.
Sign and date the form at the bottom to confirm that all information is true to the best of your knowledge.

Obtain Answers on Georgia Residential Real Estate

What is the purpose of the Georgia Residential Real Estate form?
The Georgia Residential Real Estate form is designed to provide potential buyers with important information regarding the condition of a residential property. It requires sellers to disclose any known issues or concerns about the property, allowing buyers to make informed decisions.
Who is responsible for completing the form?
The seller of the property is responsible for completing the form. It is important that the seller provides accurate and truthful information based on their actual knowledge of the property.
What should a seller do if a question does not apply to their property?
If a question does not apply to the property, the seller should write "NA" in the space provided. This indicates that the question is not relevant to the specific circumstances of the property.
Are the disclosures in the form legally binding?
The disclosures made in this form are not legally binding representations by any real estate licensee or other party. They are intended solely for informational purposes and should not be considered part of any written agreement between the buyer and seller.
What types of inspections are recommended for buyers?
Buyers are advised to obtain professional inspections from qualified specialists, such as architects, engineers, or building inspectors. These inspections can provide a more comprehensive understanding of the property's condition beyond what is disclosed in the form.
What happens if the seller is unaware of certain issues?
If the seller is unaware of specific issues, they should indicate this by marking "unknown" in the appropriate sections of the form. This helps to clarify the seller's knowledge regarding the property's condition.
Can the seller provide additional explanations?
Yes, if any answers require further clarification, the seller can provide explanations on attached sheets. This allows for a more detailed understanding of any potential issues with the property.
What should a buyer do if they have concerns after reviewing the form?
If a buyer has concerns after reviewing the disclosures, they should consider seeking professional advice or additional inspections. It is also advisable to include appropriate provisions in the purchase contract to address any identified defects or warranties.
What types of issues must be disclosed by the seller?
The seller must disclose a variety of issues, including but not limited to title problems, water source information, sewer or septic system details, structural issues, and any known defects in systems or fixtures. This comprehensive approach ensures transparency in the sale process.
Is there a specific format for the disclosures?
The disclosures must be completed in a specific format outlined in the form. Sellers should not leave any spaces blank and must provide accurate responses to each question, ensuring that all relevant information is conveyed to potential buyers.

Common mistakes

Filling out the Georgia Residential Real Estate form can be a straightforward process, but several common mistakes can complicate matters. One frequent error is leaving spaces blank. Each question must be answered, and if a question does not apply, it is essential to write "NA" instead of leaving it empty. This oversight can lead to misunderstandings or assumptions by potential buyers.

Another mistake involves failing to provide adequate explanations where necessary. The form includes numerous items that may require additional context. If a seller answers "yes" to any question that prompts an explanation, they should attach a separate sheet detailing the circumstances. Omitting this information can result in confusion and may affect the buyer's perception of the property.

Many sellers also underestimate the importance of accurately disclosing the property's condition. For instance, if there are known issues with the roof, plumbing, or electrical systems, these must be disclosed. A common mistake is providing vague answers or not disclosing past repairs. Transparency is crucial; buyers appreciate detailed information that helps them make informed decisions.

Another area of concern is the failure to indicate ownership of appliances and systems included in the sale. Sellers should clearly mark which items are included and their condition. Miscommunication about what is part of the sale can lead to disputes post-transaction. Buyers expect clarity on these points, and any ambiguity can result in dissatisfaction.

Additionally, sellers sometimes overlook the importance of disclosing issues related to shared resources, such as water sources or maintenance agreements. If the property has shared water rights or is part of a homeowners' association, these details must be clearly articulated. Neglecting to mention such agreements can create legal complications later on.

Another common mistake is not providing accurate information about the property's age and any renovations or repairs. Sellers should be precise about the age of the roof, systems, and any structural changes made to the property. Failing to provide this information can lead to issues with inspections and financing, as buyers often rely on this data to assess the property's value.

Finally, sellers may forget to update their knowledge of any recent changes to the property. If there have been any assessments, zoning changes, or new regulations affecting the property, these should be disclosed. Keeping potential buyers informed about the current state of the property is essential for a smooth transaction.

Documents used along the form

When buying or selling residential real estate in Georgia, several forms and documents accompany the Georgia Residential Real Estate form. These documents help clarify the transaction and protect the interests of both buyers and sellers. Below is a list of commonly used documents in this process.

Purchase and Sale Agreement: This is the main contract between the buyer and seller. It outlines the terms of the sale, including the purchase price, closing date, and any contingencies.
Closing Disclosure: This document details all final closing costs and fees. It must be provided to the buyer at least three days before closing.
Title Report: This report shows the legal ownership of the property and any claims or liens against it. It is essential for ensuring that the seller has the right to sell the property.
Home Inspection Report: After a buyer has an inspection done, this report details the condition of the property, including any needed repairs. It helps buyers make informed decisions.
Lead-Based Paint Disclosure: Required for homes built before 1978, this form informs buyers about the potential presence of lead-based paint and its risks.
Homeowners Association (HOA) Documents: If the property is part of an HOA, these documents outline the rules, regulations, and fees associated with the community.
Property Survey: This document shows the boundaries of the property and any structures on it. It helps prevent disputes over property lines.
Affidavit of Title: This is a sworn statement from the seller affirming their ownership of the property and that there are no undisclosed liens or claims against it.

These documents are crucial in ensuring a smooth real estate transaction in Georgia. Buyers and sellers should familiarize themselves with these forms to better understand their rights and responsibilities during the process.

Similar forms

The Georgia Residential Real Estate form serves a crucial role in real estate transactions, particularly in ensuring transparency between sellers and buyers. It is similar to several other documents used across the United States, each designed to provide vital information regarding property conditions and legal obligations. Below is a list of nine documents that share similarities with the Georgia Residential Real Estate form, along with an explanation of how they relate:

Seller's Disclosure Statement (California): Like the Georgia form, this document requires sellers to disclose known issues with the property, such as structural problems or environmental hazards, to protect buyers from unforeseen liabilities.
Property Condition Disclosure Statement (New York): This statement serves a similar purpose by requiring sellers to provide detailed information about the condition of the property, including any repairs or defects, ensuring that buyers are well-informed before making a purchase.
Residential Property Disclosure (Texas): This form is also focused on seller disclosures. It prompts sellers to reveal any known defects or issues, thereby fostering transparency and reducing the risk of disputes post-sale.
Lead-Based Paint Disclosure (Federal): While more specialized, this document is similar in that it mandates sellers of homes built before 1978 to disclose known lead-based paint hazards, ensuring buyers are aware of potential health risks.
Home Inspection Report: Although not a seller disclosure form, a home inspection report provides an assessment of the property's condition. It complements the disclosures made by sellers by offering a professional evaluation of potential issues.
Home Warranty Documents: These documents outline coverage for repairs and replacements of home systems and appliances. They are similar in that they provide important information regarding the property's condition and what is covered after purchase.
Title Report: A title report provides details about the legal ownership of the property and any encumbrances. It parallels the Georgia form by ensuring that buyers are aware of any legal issues that could affect their ownership rights.
Environmental Hazard Disclosure (varies by state): Similar to the Georgia form, these disclosures require sellers to inform buyers about environmental issues, such as flood zones or hazardous materials, ensuring that buyers can make informed decisions.
Disclosure of Common Interest Community (HOA): This document informs potential buyers about the rules and regulations of homeowners' associations, akin to the Georgia form's emphasis on shared responsibilities and property conditions.

Understanding these documents can empower buyers and sellers alike, fostering informed decision-making in real estate transactions. Each document plays a unique role in ensuring transparency and protecting the interests of all parties involved.

Dos and Don'ts

When filling out the Georgia Residential Real Estate form, attention to detail is crucial. Here are ten things to consider:

Do complete all sections of the form. Leaving spaces blank can lead to confusion.
Do write "NA" for questions that do not apply to your property. This clarifies your intent.
Do provide explanations on attached sheets if needed. Clear communication is essential.
Do ensure that all approximations are labeled as such. This maintains transparency.
Do consult with professionals for inspections. Their expertise can uncover hidden issues.

Don't omit important details. Incomplete information can lead to legal complications.
Don't exaggerate or misrepresent the condition of the property. Honesty is key.
Don't ignore questions that may seem irrelevant. Every detail matters in real estate.
Don't forget to sign and date the form. Your acknowledgment is necessary for validity.
Don't rely solely on the form for disclosures. Additional documentation may be required.

Misconceptions

Misconceptions about the Georgia Residential Real Estate form can lead to misunderstandings for both buyers and sellers. Here are six common misconceptions explained:

Buyers can rely solely on the form for property condition. Many believe that the disclosures in the form provide a complete picture of the property's condition. However, the form is based on the seller's knowledge and does not substitute for a professional inspection.
The seller must disclose everything. Some assume that sellers are obligated to disclose every issue with the property. The form requires disclosure based on the seller's actual knowledge, which may not encompass all potential issues.
All disclosures are legally binding. There is a misconception that the disclosures made in the form are legally binding. In reality, the disclosures serve as a guideline and are not part of any written agreement unless explicitly stated.
The form protects buyers from all liabilities. Buyers may think that completing the form protects them from any future liabilities. While it provides important information, buyers are still encouraged to conduct their own due diligence and inspections.
Only major issues need to be disclosed. Some sellers believe that only significant problems must be reported. However, even minor issues can be relevant and should be disclosed if they may affect the buyer's decision.
The form is only for residential properties. There is a belief that this form is only applicable to single-family homes. In fact, it can also apply to other types of residential properties, depending on local regulations.

Key takeaways

Completeness is Crucial: When filling out the Georgia Residential Real Estate form, ensure that no spaces are left blank. If a question does not apply, write "NA" to indicate that.
Seller's Knowledge: The disclosures provided in the form are based solely on the seller's actual knowledge at the time of completion. This means the seller should be honest and thorough in their responses.
Professional Inspections Recommended: The form advises buyers to consider hiring qualified specialists, such as inspectors or engineers, to conduct a thorough evaluation of the property. This step can uncover issues not disclosed in the form.
Clear Communication: If any answers require further explanation, sellers should attach additional sheets to clarify their responses. Clear communication helps prevent misunderstandings later.
Legal Authority: Sellers must confirm they have the legal authority to sell the property. This includes checking for any liens or encumbrances that may affect the sale.
Disclosure of Defects: The form requires sellers to disclose any known defects or issues with the property, including structural problems, pest infestations, and the condition of systems like plumbing and electrical.
Understanding Zoning and Assessments: Sellers should be aware of any zoning violations or assessments against the property. This information can significantly impact the buyer's future use of the property.
Water and Sewer Systems: Detailed information about the property's water source and sewer system is essential. Sellers must disclose if there are any issues or if the systems are functioning properly.
Homeowners Association Information: If applicable, sellers should provide details about any homeowners' association, including fees and any pending assessments. This information is crucial for buyers considering properties in such communities.