Seller Disclosure in Brookhaven GA: A Practical Guide

January 1, 2026
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Thinking about listing your Brookhaven home this spring? One of the fastest ways to build buyer confidence and protect your sale is getting your seller’s property disclosure right. You want a smooth contract with no last-minute surprises and no legal headaches after closing. In this guide, you will learn what Georgia expects, what the standard disclosure covers, Brookhaven-specific issues to address, and a simple prep timeline so you can list with confidence. Let’s dive in.

What Georgia law requires

Georgia does not mandate a single statewide disclosure form for all residential sales. In practice, most sellers complete the Georgia Association of REALTORS Residential Property Disclosure Statement. You are required to disclose known material defects and avoid misrepresentation. Completing the industry-standard form thoroughly is the norm across Brookhaven and helps prevent disputes.

Federal lead rules for pre-1978 homes

If your home was built before 1978, you must provide buyers with a lead-based paint disclosure and the federal pamphlet, plus any records you have. This requirement applies regardless of local custom. Include these documents with your disclosure or early in the contract process.

Common disclosure exemptions

Some transactions are treated differently. Examples include transfers by court order, foreclosure sales, sales by a builder of new construction, and transfers between co-owners or to a spouse. If your situation is unique, confirm with your agent or attorney whether a standard disclosure is expected or a modified approach is appropriate.

What the disclosure covers

Most Georgia residential disclosure forms ask what you know about the home’s condition and history. Typical sections include:

Title, legal, and HOA items

  • Ownership, liens, and pending litigation.
  • Boundary issues, easements, or zoning notices.
  • HOA membership, dues, covenants, and any special assessments.

Structure and exterior

  • Foundation, crawlspace or basement moisture, and settlement.
  • Roof age, leaks, and chimney condition.
  • Additions or alterations and whether permits were obtained.

Systems and utilities

  • HVAC age, service history, and known issues.
  • Plumbing materials and leaks, water heater age.
  • Electrical service and known defects.
  • Public sewer or septic, well water if applicable.

Environmental and health

  • Mold or prior water intrusion.
  • Flooding history or water in the basement.
  • Lead-based paint for pre-1978 homes, asbestos, or radon if tested.
  • Underground storage tanks or environmental remediation.

Termites and pests

  • Prior treatments, warranties, and any structural impact.
  • WDO inspection history if available.

Repairs, permits, and warranties

  • Roof, HVAC, plumbing, or electrical replacements.
  • Decks, pools, garages, or major renovations.
  • Whether permitted work passed final inspections.
  • Transferable warranties and service contracts.

Insurance and prior claims

  • Water, fire, wind, or other insurance claims.
  • Any issues that might affect insurability.

Occupancy and use

  • Leases, tenants, or other occupancy agreements.
  • Conditions known to affect habitability.

The form typically ends with a signed affirmation that the information is accurate to the best of your knowledge. When in doubt, it is better to investigate than guess.

Brookhaven-specific issues to address

Brookhaven buyers pay close attention to local permitting, water management, HOAs, and the age of building systems. Be ready to cover the topics below.

Permits and renovation history

Brookhaven maintains permit and inspection records for work that required city approval. Collect final inspection cards and permit numbers for additions, decks, pool work, HVAC replacements, structural repairs, and major renovations. Unpermitted work is a common sticking point in negotiations, so disclosing what you know and providing documentation builds trust.

Flooding and stormwater

Parts of Brookhaven sit near creeks and drainage areas. Buyers often ask about flood zone status, prior water intrusion, and whether flood insurance was ever carried. Disclose any history of flooding or water in the basement or crawlspace, plus related insurance claims and repairs.

HOAs and covenant rules

Many Brookhaven neighborhoods have active HOAs with architectural review, amenity fees, and regular or special assessments. Have your HOA documents ready, including covenants, bylaws, and assessment history. Buyers will want clarity on community rules and any pending changes.

Utilities and sewer

Most homes connect to municipal water and sewer. Still, confirm your connection status, past sewer line repairs, or backups. If you are on septic, gather maintenance and pump-out records and disclose the system’s location and age if known.

Older materials and systems

Brookhaven has a wide mix of mid-20th-century homes and newer builds. If your home is older, disclose what you know about items like lead paint, original insulation, galvanized plumbing, or knob-and-tube wiring. Buyers value transparency, especially when a home blends original features with updates.

Termite prevalence

Termites are common throughout Georgia. Share any prior treatments, bonds or warranties, and whether you have documentation of repairs due to wood-destroying insects. Many buyers will order a WDI inspection, so clear records help.

Your pre-listing preparation timeline

A little prep goes a long way. Use this simple schedule to get ahead of buyer questions and keep your deal on track.

6–8 weeks before listing

  • Ask your agent for the current Georgia Residential Property Disclosure Statement and go over each section.
  • Gather your deed, mortgage payoff info, title exceptions, survey, property tax history, and any plats.
  • Collect HOA documents, meeting notices relevant to your home, and assessment records.
  • Pull permit records and final inspection proofs for renovations, decks, pools, HVAC changes, and structural work.
  • Order a general pre-listing home inspection to surface issues early.
  • Add a termite/WDI inspection and a sewer scope if there are signs of line issues or large trees near the service line.
  • For pre-1978 homes, assemble your lead-based paint disclosure, federal pamphlet, and any test or remediation records.

3–4 weeks before listing

  • Complete the disclosure fully and honestly. If you truly do not know an answer, mark it as unknown and consider testing or a professional evaluation.
  • Decide how to handle issues found in pre-listing inspections. You can repair and document, obtain contractor estimates and disclose them, or disclose the condition and price accordingly.
  • Organize receipts, warranties, and service records for major systems and recent repairs.

At listing and contract time

  • Provide your completed disclosure to buyers according to MLS and brokerage practice, ideally before offers.
  • Keep copies of all documents and be ready to deliver originals if requested by the buyer or the closing team.

Documents to have ready

  • Permit history and final inspections for major work.
  • Pre-listing inspection and WDI reports.
  • Receipts and warranties for roof, HVAC, water heater, and other big-ticket items.
  • HOA documents and estoppel once under contract.
  • Flood claim history and FEMA map status, if applicable.
  • Lead-based paint disclosure and pamphlet for pre-1978 homes.

How disclosures shape negotiations

Inspection requests and credits

Even a thorough disclosure will not replace the buyer’s own inspections. What it does is lower the risk of last-minute surprises. When buyers see complete answers and solid documentation, requests are usually more measured and easier to resolve with a targeted repair or credit.

If issues are missed or misrepresented

If a material defect is concealed or misrepresented and there is evidence the seller knew, buyers may seek remedies that include rescission or damages. Clear, accurate disclosures reduce the chance of a dispute and protect you if a question arises later.

Title and survey items

Boundary lines, encroachments, and unrecorded easements can derail a sale. If you know of a fence line disagreement, shared driveway, or other boundary matter, disclose it and provide any surveys. Early clarity keeps your timeline intact.

Stigmatized property considerations

Georgia practice focuses on material physical defects. Non-physical, stigmatizing events are treated differently and may not require disclosure. If you are unsure, speak with your attorney and follow professional guidance on how to proceed.

Smart support and local pros

You do not have to navigate this alone. A local real estate agent can walk you through the disclosure, MLS expectations, and what Brookhaven buyers ask most. Consider lining up a home inspector, a licensed pest inspector, and contractors for quotes or repairs. The City of Brookhaven permitting office and Fulton County records are useful for permit lookups, tax history, and parcel data. When legal questions come up, a real estate attorney can advise you on complex title issues, unpermitted work, or how to disclose a sensitive matter.

Move forward with confidence

A complete, well-documented disclosure is one of the best tools you have to protect your sale and your peace of mind. By compiling permits, inspections, HOA details, and repair records before you list, you signal care and transparency. That leads to stronger offers and fewer roadblocks on the way to closing.

If you would like a streamlined plan for your Brookhaven sale, reach out to Margaret Sallee for step-by-step guidance, vendor introductions, and a polished listing strategy.

FAQs

What is the standard seller disclosure in Georgia?

  • Most Brookhaven sellers use the Georgia Association of REALTORS Residential Property Disclosure Statement to share known material facts about the home.

Do I have to provide a disclosure if my home is new construction?

  • Builders often use their own forms and warranties, and some transactions are exempt from the standard form, but material facts must still be handled per contract and law.

How do lead-based paint rules affect my Brookhaven listing?

  • If your home was built before 1978, you must provide the federal lead-based paint disclosure, the required pamphlet, and any records you have.

Should I disclose past water intrusion even if repaired?

  • Yes, disclose any known flooding or water issues and include repair invoices or warranty information to support the work completed.

What if I discover unpermitted work after I list?

  • Disclose it promptly and consult your agent or attorney about next steps; buyers may ask for retroactive permits or repairs.

When should buyers receive my completed disclosure?

  • Best practice is to finish it before going live so buyers can review it before offering, which reduces confusion during due diligence.

Will a pre-listing inspection help my sale?

  • Yes, it helps you identify issues early, make targeted repairs, and provide documentation that strengthens buyer confidence and negotiations.

Work With Margaret

Whether buying or selling, Margaret represents each of her clients with a high degree of professionalism and personalized care that delivers optimal results.