FSBO Georgia Disclosure Requirements for Sellers
$5,000 , that’s the average settlement you’ll see if a Georgia buyer sues over a missed disclosure. The good news: you can protect yourself with a handful of forms and a disciplined checklist, all before you post the “For Sale By Owner” sign.
Immediate answer: what you must disclose in Georgia, in 40‑60 words
Georgia law obligates you to give a Transfer Disclosure Statement (TDS), a Lead‑Based Paint Disclosure for homes built before 1978, and any known material defects such as roof leaks, foundation movement, or flood‑zone status. County‑specific notices may add pest‑inspection, storm‑water, or zoning alerts. Verify each requirement with the Georgia Real Estate Commission (GREC), your county planning office, or the title company handling the closing.
Why disclosure matters for FSBO sellers
- Legal shield , Accurate disclosures create a documented “as‑is” record that courts view favorably.
- Faster closing , Title companies release funds only after they receive every required form.
- Buyer confidence , A complete packet reduces negotiation back‑and‑forth and can keep your asking price intact.
Skipping even one notice can trigger a $2,500 fine per violation, plus the buyer’s legal fees. In 2025, Georgia courts dismissed three‑quarters of FSBO contracts that lacked a proper TDS.
Core disclosure checklist (copy‑paste ready)
| # | Disclosure | When required | Where to obtain | Who to confirm |
|---|---|---|---|---|
| 1 | Transfer Disclosure Statement (TDS) | Every residential sale | GREC website → “Forms & Resources” | GREC, title company |
| 2 | Lead‑Based Paint Disclosure | Homes built < 1978 | EPA “Lead Safe” PDF or local health dept. | EPA, title company |
| 3 | Known Material Defects | Any defect you are aware of | Your own written statement (use GREC template) | GREC, attorney |
| 4 | Flood‑Zone / Stormwater Disclosure | Property in FEMA‑designated floodplain or local stormwater district | FEMA map service or county GIS portal | FEMA, county planning office |
| 5 | Pest‑Inspection Disclosure | Optional statewide, mandatory in some counties (e.g., Fulton, Cobb) | Licensed inspector’s report | County health department |
| 6 | HOA Documents | If the home is in a homeowner association | HOA management or board | HOA, title company |
| 7 | Zoning / Planning Restrictions | When zoning limits use (e.g., agricultural to residential) | County planning office website | County zoning office |
| 8 | Mortgage Payoff Statement | Needed at closing to clear lien | Lender’s online portal | Lender, title company |
Step‑by‑step framework to get disclosures done (7 steps)
- Collect property basics , Pull the tax parcel ID, year built, and any past repair invoices from your county tax assessor’s site.
- Download official forms , Visit the GREC portal, click “Forms & Resources,” and save the latest TDS PDF. For lead‑paint, download the EPA “Lead Safe” notice.
- Complete the TDS , Answer every question truthfully. If you truly have “no known issue,” write “No known issue” rather than leaving a box blank.
- Add supplemental notices , Attach the lead‑paint PDF (if applicable), a FEMA flood‑zone letter, and any HOA bylaws or covenants.
- Run a quick legal sanity check , Schedule a 20‑minute call with a real‑estate attorney or your title officer; they can spot missing items before you list.
- Distribute to buyers , Hand the packet at the first showing or email PDFs within 24 hours of receiving an offer. Keep a timestamped copy for your records.
- Obtain buyer acknowledgment , Have the buyer’s agent or attorney sign a receipt page confirming they received every disclosure. Store the signed page with the rest of your paperwork.
Timing and penalties at a glance
| Deadline | Required documents | Typical penalty for omission |
|---|---|---|
| Before first showing | TDS, lead‑paint notice (if needed) | Up to $2,500 per violation, plus buyer’s attorney fees |
| At contract signing | All disclosures, HOA packets, flood‑zone notice | Contract may be rescinded; buyer can sue for damages equal to repair costs |
| Before closing | Final property condition statement, mortgage payoff | Title company can delay closing 3-5 business days until resolved; possible escrow holdback |
County‑specific nuances you must verify
| County | Extra notice | Where to verify |
|---|---|---|
| Fulton | Mandatory termite‑bond disclosure and storm‑water management notice | Fulton County Planning & Sustainability website |
| Cobb | Requires a Soil Contamination Disclosure if the property sits on former industrial land | Cobb County Environmental Services |
| DeKalb | Requires a Historic Preservation Notice for properties within designated districts | DeKalb Historic Preservation Office |
| Chatham | Must provide a Coastal Flood Risk Map if within 500 ft of the shoreline | Chatham County GIS portal |
When you’re unsure, call the county clerk’s office; a brief conversation usually confirms whether an extra form applies.
How Sellable can streamline your FSBO workflow
Sellable (sellabl.app) functions as an AI‑driven lead desk that automatically attaches your uploaded disclosure PDFs to every buyer inquiry. The platform logs each download, timestamps receipt acknowledgments, and sends reminder emails if a buyer hasn’t signed the acknowledgment within 48 hours. It does not replace legal counsel, but it keeps the paperwork side of FSBO tidy while you focus on showings.
Quick reference: sample disclosure timeline for a typical Georgia FSBO
| Day | Action |
|---|---|
| 0 (today) | Pull parcel data, note construction year, request any past inspection reports. |
| 1‑2 | Download TDS, lead‑paint notice, and county‑specific forms. |
| 3 | Fill out TDS, attach supplemental PDFs, and email the packet to your attorney for a quick review. |
| 4 | Receive attorney’s green light, print a signed receipt page, and place the packet in a folder labeled “Buyer Disclosures.” |
| 5‑7 | Begin showings; hand the packet at each showing and collect buyer signatures on the receipt page. |
| 8‑10 | After the first offer, resend the full disclosure packet electronically and request a digital acknowledgment. |
| 11‑14 | Provide the title company with all signed receipts; they issue a “clear to close” letter. |
| 15+ | Close the sale, keep copies for at least three years in case of post‑closing disputes. |
What to do if a buyer requests additional information
- Ask for specifics , Is the buyer concerned about roof age, foundation movement, or zoning?
- Locate supporting documents , Pull the original roof warranty, engineering report, or zoning map.
- Provide a written response , Summarize what you know, attach the supporting file, and ask the buyer to sign an acknowledgment that the information was received.
- Escalate to attorney , If the request goes beyond your knowledge (e.g., hidden water lines), let your attorney draft a response to avoid inadvertent admission.
Bottom line for the FSBO seller
You can sell your Georgia home without an agent, but you must treat disclosure like a checklist for a construction project: gather the right forms, complete them accurately, and get a buyer’s signature before you move to the next step. Doing so eliminates the most common legal exposure and keeps the transaction on schedule.
Frequently Asked Questions
1. Do I need a Transfer Disclosure Statement if I sell to a cash buyer?
Yes. Georgia law applies the TDS to every residential transaction, no matter how the buyer funds the purchase.
2. My house was built in 1980. Must I still provide a lead‑based paint disclosure?
No. Only properties constructed before 1978 trigger the federal lead‑paint requirement.
3. Can I replace the TDS with an “as‑is” clause in the purchase contract?
No. An “as‑is” clause does not satisfy the statutory TDS; the buyer can still sue if you omit a known defect.
4. I’m in Fulton County. Are there any county‑specific disclosures I must add?
Fulton requires a Termite‑Bond Disclosure and a Stormwater Management Notice for properties in designated drainage districts. Verify the exact forms on the Fulton County Planning & Sustainability website.
5. What happens if I forget to give the flood‑zone notice?
The buyer can demand a price reduction, rescind the contract, or sue for damages. Title insurers usually pause the closing until the notice is supplied, which can add 3-5 business days to the timeline.
Published May 24, 2026
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