law

Caveat Emptor in Georgia

Georgia courts apply 'let the buyer beware' to real property sales, and no statute requires sellers to complete a property disclosure form in an ordinary resale; the Seller's Property Disclosure Statement is a Georgia REALTORS form. Buyers can still recover for active misrepresentation or concealment of defects not discoverable with reasonable diligence. Under BRRETA, brokers must disclose known adverse material facts and known adverse physical conditions within one mile. Under §44-1-16, deaths, felonies, and suicides need not be volunteered, but direct questions get truthful answers.

Exam tip
'Buyer beware, broker beware too.' Georgia has no mandatory seller disclosure statute, but brokers must disclose known latent defects.
Example
Sellers pump a flooding crawlspace dry and lay new vapor barrier before showings. Despite caveat emptor, the buyer may have a fraud claim for concealment.

Related terms & state variants

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Last verified: 2026-10-23