Georgia Property Disclosure Laws

For Sellers

Georgia statute states that homicide, felony, suicide, or death by accidental or natural causes on the property is not a material fact. But sellers must answer truthfully if directly asked.

Statute: Ga. Code § 44-1-16

1. Check your state seller disclosure form. Answer every question truthfully, even if the specific event is not listed.
2. When in doubt, disclose in writing. Nondisclosure claims are harder to defend than disclosure complaints.
3. Consult a licensed real estate attorney in your state before listing if a biohazard event occurred on the property.

For Landlords

Death disclosure to tenants: Only if asked. Biohazard/meth disclosure: Not specifically required; general habitability rules still apply. Bedbug disclosure: Not required by state law. Federal lead paint disclosure applies to pre-1978 housing in all states.

1. Review your state landlord-tenant act for disclosure obligations before advertising the unit.
2. Keep written documentation of any remediation performed, including certificates from licensed biohazard contractors.
3. When a prospective tenant asks about a past incident, answer truthfully. Silence in response to a direct question can be actionable.

Georgia Disclosure FAQ