Found 5 blog entries tagged as disclosures.

Technology continues to transform marketing, real estate in particular. Accuracy in real estate listings is more concerning than ever, how a home is represented and described may not always be what a buyer sees. Advertising, especially in real estate, always pushes the boundaries, but there is an expectation that the information presented is factually accurate.

Accuracy in Real Estate Listings Matters:

  • Legal Implications:  Providing inaccurate information could lead to legal issues. Misrepresentation of a property can result in lawsuits and fines. Real estate laws vary by state but there is the expectation of full disclosure of all material facts about a property. Seller disclosures are completed and assumed to be truthful but that’s not always…

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Georgia is a buyer beware state, so does a seller have to disclose repaired defects? Home sellers in Georgia must disclose known latent or hidden defects, things that might not be discovered during a reasonable inspection of the home. A defect that’s been properly repaired is no longer a defect so technically, the home seller has no obligation to disclose it. That doesn't mean it's not a good idea to anyway.

Latent Defects Must be Disclosed

A latent defect is an issue with the property known to the seller but that might not be discovered during a reasonable inspection of the property. Examples of a latent defect might be a mold situation or sporadic water problem in areas not easily accessed. Problems with plumbing or electrical systems,…

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Fear sells. The speed at which surveillance devices became "the norm" after 9/11 is mind-boggling; from satellites to cell phones, cameras are rolling. Out shopping for a home, always assume that you are being recorded when you step onto that property. The idea that home surveillance devices are now essential is marketing gold, not to be fully ensconced in "protection" could easily result in your or your loved one's demise. The result? Continuous growth of home security systems, from Ring to full video/audio surveillance; inside and out. Homebuyers are being recorded and there's no obligation for anyone to disclose that.

Smile for the Camera

Under federal and Georgia law, some types of surveillance are legal, and others are not. Whether the…

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Well what's old is new; let's get ready for the return of verbal (mostly) combat regarding seller's disclosures. Can the seller change the disclosure after contract? Standard real estate answer..."it depends".  Issues with the seller's disclosure tend to be the most common thing buyers and sellers lock horns over. Contracts fall apart as buyers claim things were omitted, information wasn't accurate, something that was to remain was taken...the list is ever growing. Remember all of those buyers that waived the contingencies during the lunacy of '21 - early '22? Now some are having issues and looking to assign blame. A bit late for that, remember that while sellers in Georgia are obligated to disclose latent defects, they are not obligated by law to…

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What happens if there was a murder in a home we bought? Well in Georgia, unless the buyer specifically asked the seller about this during due diligence, nothing happens. Georgia is a buyer beware state and there are no requirements for homeowners or brokers to volunteer this and other information. Violent crimes, suicides, natural deaths, drug labs....if the buyer doesn't ask, the seller isn't required to tell. And if the buyer waives the due diligence period to "win" in a multiple offer situation...sorry.

Mum’s the Word

Georgia’s “Stigmatized Property Statute” offers significant protection to both the buyer and the listing agent. They are not liable for failing to disclose violent events occurring on/in the property like murder, felonies or…

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