Georgia Real Estate Disclosure Guide

This guide covers the primary disclosure requirements for residential real estate transactions in Georgia under the Brokerage Relationships in Real Estate Transactions Act (BRRETA), the Georgia Real Estate Commission (GREC) rules, and related statutes.

[[Property Address]]
Seller: [[Seller Name(s)]]
Buyer: [[Buyer Name(s)]]
Date: [[Guide Date]]

1. Brokerage Relationships in Real Estate Transactions Act (BRRETA)

BRRETA (O.C.G.A. § 10-6A-1 et seq.) governs the relationships between real estate brokers, their agents, and the parties to a transaction.

1. Brokers and agents must provide a written disclosure of the brokerage relationship at the first substantive contact.

2. The disclosure must identify whether the broker represents the buyer, the seller, or both (dual agency) or is acting as a transaction broker.

3. Written consent is required for dual agency or designated agency arrangements.

4. The disclosure form is typically the "Georgia Real Estate Brokerage Relationships Disclosure" or brokerage-specific version approved under BRRETA.

2. Required Disclosure Forms and Timing

3. Seller Disclosure Obligations

Georgia follows caveat emptor with important exceptions.

1. Sellers must disclose known latent defects that are not discoverable by reasonable inspection.

2. Active concealment or misrepresentation creates liability.

3. The Georgia Association of REALTORS® Property Disclosure Statement is widely used even though not statutorily mandated for all sales.

4. Sellers should complete the disclosure honestly and update it if new information arises.

4. Buyer and Agent Duties

1. Buyers should request and review all available disclosures early.

2. Buyer's agents must disclose their relationship and advise on inspections and due diligence.

3. All parties should document when disclosures were provided.

5. Dual and Designated Agency

BRRETA permits dual agency with informed written consent from both parties.

1. The broker must explain the limitations of dual representation.

2. Confidential information of one client cannot be disclosed to the other without consent.

3. Many brokerages use designated agency (different agents within the brokerage represent each side) as an alternative.

Client Election: [[Buyer consents to dual / designated agency: Yes / No]]

6. Transaction Brokerage

In transaction brokerage, the broker assists both parties without representing either as a client. Limited duties apply. The relationship must still be disclosed in writing.

7. Recommended Sequence

1. Agency disclosure at first contact.

2. Seller completes property disclosure statement.

3. Buyer reviews disclosures and conducts inspections.

4. Contract negotiations and removal of contingencies.

5. Updates to disclosures before closing if needed.

8. Resources

• Georgia Real Estate Commission (GREC): grec.state.ga.us
• Georgia Association of REALTORS® forms and contracts
• BRRETA statute: O.C.G.A. Title 10, Chapter 6A, -

*Sample template, not legal advice. Georgia disclosure rules are governed by BRRETA, GREC regulations, and case law. Forms and requirements may change. Consult a Georgia-licensed real estate attorney and current GREC guidance. References current as of June 2026.*
## 9. Common Georgia-Specific Disclosures and Practices

1. Property disclosure statements typically cover structural, mechanical, environmental, and neighborhood issues.

2. Flood zone and insurance information is increasingly important.

3. HOA / condominium documents and financials must be provided for common interest communities.

4. Agricultural or conservation use disclosures may apply in rural areas.

5. Death or felony on property may be material in some circumstances.

10. Penalties for Non-Disclosure

Failure to comply with BRRETA can result in GREC disciplinary action against the licensee, including fines and license sanctions.

Sellers and brokers may face civil liability for misrepresentation or failure to disclose known material defects.

11. Best Practices

1. Use current GREC or GAR approved forms.

2. Provide agency disclosure in writing and obtain acknowledgment.

3. Encourage early delivery of seller disclosures.

4. Recommend professional inspections for all buyers.

5. Document all communications regarding disclosures.

12. Sample Agency Disclosure Acknowledgment

I have received and read the Georgia Brokerage Relationships Disclosure explaining the type of representation being provided.

Buyer / Seller Signature: _______________________________ Date: [[Date]]

Printed Name: [[Name]]

Broker / Agent Signature: _______________________________ Date: [[Date]]

13. Additional Resources and Contact Information

• Georgia Real Estate Commission: 404-656-3916
• Georgia Association of REALTORS: www.garealtor.com
• Local real estate boards for approved forms

Always download the most current versions of forms before use in a transaction.

14. Disclaimer and Verification

This guide is a summary for educational purposes. Specific transactions may require additional disclosures based on property type, location, or financing. Verify all requirements with current GREC rules and consult qualified Georgia counsel.