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Blank Georgia Residential Real Estate PDF Form

The Georgia Residential Real Estate form is a crucial document that outlines the condition and history of a residential property, providing essential disclosures from the seller to the buyer. This form ensures that prospective buyers are informed about any potential issues or concerns related to the property they are considering. For a smooth transaction, it is important to fill out this form accurately and completely; click the button below to get started.

Article Guide

The Georgia Residential Real Estate form serves as a vital tool in the home buying and selling process, ensuring that both sellers and buyers are well-informed about the property in question. This comprehensive document requires sellers to disclose significant details regarding the condition and history of the property, including any legal encumbrances, structural issues, and the state of essential systems like plumbing and electrical. The form emphasizes the importance of transparency, urging sellers to provide accurate information based on their actual knowledge while clarifying that these disclosures are not the representations of real estate agents or other parties involved. Buyers are advised to seek professional inspections to gain a deeper understanding of the property's condition, as the form is intended solely for disclosure purposes. Key sections cover a range of topics, such as title issues, water sources, sewer systems, structural integrity, and any existing defects in appliances or systems. Additionally, it addresses the presence of homeowners' associations and shared maintenance agreements, further ensuring that prospective buyers are aware of any communal obligations. Overall, the Georgia Residential Real Estate form plays a crucial role in fostering informed decision-making in real estate transactions.

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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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➤ PDF File

Form Specifications

Fact Name	Description
Purpose of the Form	The Georgia Residential Real Estate form is designed to provide a comprehensive disclosure of the property's condition from the seller's perspective.
Seller's Responsibility	Sellers must complete the form thoroughly, ensuring no spaces are left blank. If a question does not apply, they should indicate "NA."
Disclosure Basis	Disclosures are based on the seller's actual knowledge at the time of completion and are not representations made by real estate agents or other parties.
Inspection Recommendation	The form advises buyers to obtain professional inspections to assess the property's condition beyond the seller's disclosures.
Legal Authority	Sellers must confirm their legal authority to sell the property, ensuring there are no encumbrances affecting the title.
Water and Sewer Information	The form requires sellers to disclose information about water sources and sewer systems, including any known issues or repairs needed.
Governing Laws	This form is governed by Georgia state law, specifically under the Georgia Residential Property Disclosure Act.

Georgia Residential Real Estate: Usage Guidelines

Filling out the Georgia Residential Real Estate form is an important step for sellers to disclose the condition of their property to potential buyers. This process ensures transparency and helps buyers make informed decisions. Follow these steps carefully to complete the form accurately.

Begin by entering the property address in the designated space. Make sure to provide the full legal description if required.
Indicate whether you are currently occupying the property by selecting "is" or "is not."
State how many years you have owned the property.
In the SELLER’S DISCLOSURES section, respond to each question regarding the title, water, sewer/septic systems, structural conditions, systems and fixtures, common interest, appliances, and general conditions.
For each question, check "YES," "NO," or "UNKNOWN" as applicable. If you select "YES" for any question, provide additional explanations on attached sheets if necessary.
For any questions that do not apply to your property, write "NA" in the space provided.
Complete the sections on systems and fixtures, marking whether they are included in the sale and their working condition.
If there are any defects noted in the systems or fixtures, be sure to explain them in the space provided.
Review the entire form to ensure all questions are answered and no spaces are left blank.
Sign and date the form at the bottom to certify that the information provided is accurate to the best of your knowledge.

Your Questions, Answered

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 about the condition of a property. Sellers complete this form to disclose any known issues or defects related to the property. This transparency helps buyers make informed decisions and can prevent future disputes regarding property conditions.

Who is responsible for completing the form?

The seller is responsible for completing the Georgia Residential Real Estate form. It is crucial that the seller provides accurate and honest information based on their actual knowledge of the property. If certain questions do not apply, the seller should indicate this by writing "NA" in the space provided.

What should a buyer do if they have concerns about the disclosures?

If a buyer has concerns regarding the disclosures made by the seller, it is advisable to seek professional advice. Buyers may want to hire qualified specialists, such as home inspectors or engineers, to conduct a thorough examination of the property. This step can help identify any potential issues that may not have been disclosed.

What happens if the seller does not disclose known issues?

If a seller fails to disclose known issues, they may be held liable for any damages that arise from these undisclosed problems. Buyers have the right to pursue legal action if they can prove that the seller knowingly withheld information that would have affected their decision to purchase the property.

Are there any specific items that must be disclosed on the form?

Yes, the form includes specific categories that require disclosure, such as title issues, water and sewer systems, structural conditions, and any known defects in systems and fixtures. Each section is designed to ensure that buyers receive comprehensive information about the property’s condition.

Can the seller provide additional explanations beyond the form?

Absolutely. If the seller needs to provide further explanations for any of the questions on the form, they can do so on attached sheets. This allows for a more detailed understanding of any potential issues and clarifies the seller’s disclosures.

What if the seller is unsure about certain disclosures?

If the seller is unsure about specific disclosures, they should mark those items as "unknown." It is better to acknowledge uncertainty than to provide potentially misleading information. Buyers should consider this uncertainty when evaluating the property and may want to investigate further.

Common mistakes

Leaving Spaces Blank: One common mistake is failing to fill in all sections of the form. Every question must be answered. If a question does not apply, it is important to write "NA" instead of leaving it blank.
Inaccurate Information: Providing incorrect or misleading information can lead to significant issues. Sellers should ensure that all details about the property’s condition and history are accurate and truthful.
Neglecting to Explain: If any answers require further explanation, it is essential to provide that information on attached sheets. Failing to do so can create confusion and may raise questions later in the transaction process.
Ignoring Required Attachments: When the form asks for additional documents, such as surveys or inspection reports, it is crucial to include them. Omitting these attachments can lead to misunderstandings or disputes.
Misunderstanding Legal Terms: Some sellers may not fully grasp the implications of terms like “encroachments” or “easements.” It is advisable to seek clarification on these concepts to provide accurate responses.
Overlooking Property History: Sellers often forget to disclose past issues with the property, such as pest infestations or structural problems. Transparency about these matters is essential for a successful transaction.
Failing to Consult Professionals: Not seeking the advice of real estate professionals or specialists can lead to mistakes. It is wise to consult with experts to ensure all aspects of the property are properly addressed in the disclosure.

Documents used along the form

When engaging in a real estate transaction in Georgia, several forms and documents accompany the Georgia Residential Real Estate form. Each of these documents plays a crucial role in ensuring that both buyers and sellers are informed about various aspects of the property and the transaction itself. Understanding these documents is essential for a smooth process.

Purchase and Sale Agreement: This document outlines the terms and conditions of the sale, including the purchase price, closing date, and any contingencies. It serves as the primary contract between the buyer and seller.
Title Search Report: A title search report verifies the ownership of the property and identifies any liens, encumbrances, or other issues that could affect the transfer of title. This report is vital for ensuring clear ownership.
Closing Disclosure: This form provides detailed information about the final terms of the loan and the closing costs involved in the transaction. It must be provided to the buyer at least three days before closing.
Lead-Based Paint Disclosure: Required for homes built before 1978, this document informs buyers of any known lead-based paint hazards in the property. It aims to protect buyers, especially those with children.
Home Inspection Report: This report results from an inspection conducted by a qualified professional. It outlines the condition of the property, highlighting any repairs needed, which can influence the buyer's decision.
Appraisal Report: An appraisal assesses the property's market value and is often required by lenders. This document helps ensure that the buyer is not overpaying for the property.
Property Survey: A property survey outlines the boundaries of the property and identifies any easements or encroachments. This document is essential for resolving any boundary disputes that may arise.
Homeowners Association (HOA) Documents: If the property is part of an HOA, these documents provide details about the association's rules, regulations, and fees. They inform buyers about any restrictions or obligations they will need to follow.

These documents collectively contribute to a comprehensive understanding of the property and the transaction process. By familiarizing oneself with each of these forms, both buyers and sellers can navigate the complexities of real estate transactions with greater confidence and clarity.

Similar forms

California Residential Purchase Agreement: Similar to the Georgia form, it requires sellers to disclose property conditions, including any known defects, to potential buyers. Both forms aim to protect buyers by ensuring they are informed before making a purchase.
Texas Seller’s Disclosure Notice: This document also mandates that sellers disclose the condition of the property, including issues related to the foundation, roof, and systems. Like the Georgia form, it emphasizes the seller's knowledge of the property.
Florida Seller’s Property Disclosure Statement: This form requires sellers to provide information about the property's condition, similar to the Georgia form. Both documents focus on transparency to prevent future disputes.
New York Property Condition Disclosure Statement: In New York, sellers must disclose known defects and issues with the property. This requirement mirrors the disclosure obligations found in the Georgia form, ensuring buyers are well-informed.
Illinois Residential Real Property Disclosure Act: This act requires sellers to disclose any known defects in the property, akin to the Georgia form. Both documents serve to protect buyers by providing a clear understanding of the property's condition.
Washington Seller Disclosure Statement: This document requires sellers to disclose material defects, similar to the Georgia form. Both emphasize the importance of seller honesty and buyer awareness in real estate transactions.

Dos and Don'ts

When filling out the Georgia Residential Real Estate form, it is important to follow certain guidelines to ensure accuracy and completeness. Below is a list of things to do and avoid.

Do complete every section of the form. Leaving spaces blank can lead to confusion.
Do write "NA" for questions that do not apply to your property.
Do provide explanations on attached sheets if necessary.
Do be honest and accurate in your disclosures based on your actual knowledge of the property.
Do attach any relevant documentation, such as surveys or inspection reports.
Don't make approximations without labeling them as such.
Don't provide misleading information or omit known issues.
Don't forget to sign and date the form after completion.
Don't assume that the buyer will conduct their own inspections without any disclosures from you.

Misconceptions

Understanding the Georgia Residential Real Estate form is essential for both buyers and sellers in the real estate market. However, several misconceptions can lead to confusion and potential issues. Here are nine common misconceptions about this form:

The form guarantees the condition of the property. Many believe that completing the form means the seller is guaranteeing the property's condition. In reality, the disclosures are based on the seller's knowledge and do not constitute a warranty.
Buyers do not need to conduct their own inspections. Some buyers assume that the information provided in the form is sufficient. However, it is crucial to obtain a professional inspection for a comprehensive understanding of the property's condition.
Sellers must disclose every minor issue. Sellers often think they need to disclose every single problem, no matter how small. The form focuses on significant issues that could affect the property’s value or safety.
All disclosures are legally binding. Many assume that the disclosures made on the form are legally binding. While they are important, the disclosures are based on the seller's knowledge and are not legally enforceable as guarantees.
The form covers all potential property issues. Some believe that the form addresses every possible issue related to the property. However, it is designed to highlight specific areas of concern and may not cover all potential problems.
Buyers can rely solely on the seller's answers. Buyers might think they can trust the seller’s responses without further verification. It is advisable for buyers to conduct their own research and due diligence.
Disclosures are only necessary for older properties. There is a misconception that only older homes require detailed disclosures. In fact, all residential properties, regardless of age, should have disclosures completed.
Failure to disclose is always intentional. Some assume that if a seller fails to disclose an issue, it is always intentional. In many cases, sellers may simply be unaware of certain problems.
The form is the same for all properties. Many think that the form is standardized across all properties. However, the specifics can vary based on local regulations and the unique characteristics of each property.

Being aware of these misconceptions can help both buyers and sellers navigate the real estate process more effectively. Proper understanding and communication are key to a successful transaction.

Key takeaways

Key Takeaways for the Georgia Residential Real Estate Form:

The form must be completed in full; leaving spaces blank is not permitted. If a question does not apply, indicate with "NA."
Disclosures are based on the seller's actual knowledge at the time of completion. They are not representations from real estate agents or other parties.
For comprehensive evaluations, buyers should consider hiring qualified specialists for inspections, such as architects or engineers.
Sellers must provide detailed explanations for any "Yes" answers, particularly regarding property defects or issues.
It is crucial to disclose the property's title status, including any encroachments, easements, or zoning violations.
Water source information is essential; sellers must clarify whether the source is public, community, or private.
Any known issues with the sewer or septic systems must be disclosed, including inspection history and maintenance records.
Buyers should be aware of the existence of any homeowners' associations and associated fees or assessments that may apply.