State guide

Buying or Selling a Home in Georgia: What You Need to Know

Georgia is an attorney-state, which means a licensed Georgia attorney has to handle the actual closing on every home sale.

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TL;DR

Georgia is an attorney-state, which means a licensed Georgia attorney has to handle the actual closing on every home sale. It is also unusual in that there is no state-mandated property condition disclosure form, and most home purchase contracts use a 'due diligence period' that lets buyers cancel for almost any reason inside a negotiated window. On top of that, the August 17, 2024 NAR settlement now requires a signed written buyer brokerage engagement before an agent can tour homes with you.

9 things every Georgia buyer or seller should know

  • Georgia requires a licensed Georgia attorney at every residential real estate closing. The closing attorney prepares the deed, the settlement statement, and other closing documents, and runs the closing itself — a title company on its own is not allowed to handle these tasks without a supervising attorney.

  • Georgia does not have a statewide-mandated property condition disclosure form. Sellers are not legally required to fill out a standardized disclosure packet, but they still must disclose any known hidden defects that a buyer could not reasonably discover during inspection.

  • Since the NAR settlement took effect on August 17, 2024, buyers in Georgia have to sign a written buyer brokerage engagement before an agent can tour any home with them. The agreement spells out the search area, how long the buyer is working with the agent, and how the agent gets paid.

  • Most Georgia home purchase contracts use a 'due diligence period' instead of a traditional inspection contingency. During this negotiated window of days after the contract is signed, a buyer can cancel for any reason and only loses a small termination fee (often $500–$1,500), not the full earnest money deposit.

  • Georgia charges a real estate transfer tax of $1 per $1,000 of the sale price — about $400 on a $400,000 home. By custom in the standard Georgia Realtors contract, the seller pays it through the closing attorney, though parties can negotiate who covers the cost.

  • If you sell a Georgia property but live in another state, the closing attorney usually has to withhold 3% of the sale price and send it to the Georgia Department of Revenue as a prepayment of state income tax on your gain. Exemptions exist (for example, for certain primary-residence sales) and are claimed using Georgia DOR Form IT-AFF2.

  • Georgia law draws a hard line between a 'client' and a 'customer.' Until you sign a written brokerage engagement, an agent only owes you honest information and disclosure of material facts — they do not owe you confidentiality or loyalty. Signing the engagement turns you into a client with full agent duties.

  • If the home is in a homeowners association or condominium, Georgia law requires the seller to deliver a resale disclosure package — including the declaration or master deed, bylaws, current budget, any unpaid assessments, and insurance information — before or at the time the contract is signed.

  • Georgia's Fair Housing Act mirrors federal law and bans housing discrimination based on race, color, national origin, religion, sex, disability, and familial status. Several Georgia cities and counties — including Atlanta, DeKalb, and Fulton — go further and add protections for sexual orientation and gender identity through local ordinances.

The guides

Common questions

Do I really need an attorney to close on a home in Georgia?
Yes. Georgia is one of the states where only a licensed Georgia attorney can prepare and review the closing documents, like the deed and settlement statement, and run the closing itself. Title companies in Georgia have to work with a supervising attorney — there is no notary-only or fully online closing here.
What is the 'due diligence period' in a Georgia purchase contract?
It is a negotiated number of days right after the contract is signed during which the buyer can cancel for any reason — a bad inspection, cold feet, anything. If the buyer cancels inside the window, they only lose a small termination fee written into the contract (often a few hundred dollars), and the rest of the earnest money is returned. Once the window closes, that easy exit is gone.
Does the seller have to fill out a property disclosure form in Georgia?
Georgia is unusual: there is no required statewide disclosure form. Sellers commonly fill out the voluntary Georgia Realtors Seller's Property Disclosure Statement, but they aren't forced to use any standard form. Sellers do still have to disclose any known hidden problems with the home that a buyer cannot reasonably catch through inspection.
Who pays the real estate transfer tax in Georgia?
Georgia charges $1 per $1,000 of the sale price — roughly $400 on a $400,000 home — and by tradition the seller pays it through the closing attorney. It is a negotiable line item, though, so a contract can shift it to the buyer if both sides agree.
Do I have to sign a buyer representation agreement before touring homes?
Yes. Following the August 17, 2024 NAR settlement, MLS participation rules in Georgia require a signed written buyer brokerage engagement before an agent can show you a home in person. The agreement sets the search area, the timeframe, and how the agent will be paid — including whether the buyer pays directly or whether the seller's side will cover some or all of it.
I live out of state — will Georgia hold back taxes when I sell my Georgia property?
Usually yes. If you are not a Georgia resident, Georgia law tells the closing attorney to withhold 3% of the sale price and send it to the Georgia Department of Revenue as a prepayment of state income tax on your gain. You can claim an exemption or reduced withholding using Georgia DOR Form IT-AFF2 when it applies — for example, when no gain is owed or in certain primary-residence situations.
Can the same agent or brokerage represent both me and the other side?
Only with both parties' prior informed written consent. Georgia allows 'dual agency' if buyer and seller each sign off in their brokerage engagements, but in practice most brokerages use 'designated agency' instead — two different agents inside the same firm each represent one side. Either way, a single agent representing both sides loses the ability to give strong, one-sided advice.
What documents does the seller have to give me if the home is in an HOA or condo?
Georgia's homeowners association and condominium laws require the seller to hand the buyer a resale disclosure package — the declaration or master deed, bylaws, rules, current budget, any pending assessments or known major expenses, and insurance information — before or at the time of contract. If you don't receive the package, you generally have a short window to back out of the deal without penalty.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.