Georgia Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for Georgia transactions, plus a plain-English summary of what Georgia law expects in a residential purchase contract. Free PDF, no signup required.
Georgia Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What Georgia Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for Georgia residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Federal Lead-Based Paint Disclosure Verbatim language required
42 U.S.C. 4852d; 40 C.F.R. Part 745 Subpart F (745.113); 24 C.F.R. Part 35 Subpart A
Pre-1978 housing: contract must contain the Lead Warning Statement, seller's disclosure of known lead paint/hazards, records statement, buyer's 10-day inspection opportunity, and signed acknowledgments
Applies to: pre-1978 residential (target housing); exempt: foreclosure sales, 0-bedroom dwellings, certain elderly/disabled housing
No Statutory Seller Disclosure Form - Passive Concealment Doctrine
Wilhite v. Mays, 140 Ga. App. 816, 232 S.E.2d 141 (1976), aff'd 239 Ga. 31, 235 S.E.2d 532 (1977)
Georgia mandates no seller disclosure form; caveat emptor applies EXCEPT the seller must disclose known latent defects not discoverable by the buyer's due diligence - passive concealment of such defects is fraud
Applies to: all residential
Condominium Resale Disclosure Package
O.C.G.A. 44-3-111 (Georgia Condominium Act)
Seller of a residential condo unit must furnish the condominium instruments and association financial/assessment information; contract is voidable by buyer until at least 7 days after all required items are furnished, and the right cannot be waived
Applies to: condo only (residential condominium units)
Stigmatized Property - No Duty to Volunteer, Duty to Answer Truthfully
O.C.G.A. 44-1-16
No liability for failing to disclose homicide/suicide/death on the property or occupant disease, but owner/agent must answer truthfully to the best of their knowledge if directly asked
Applies to: all residential
Georgia Closing Practice at a Glance
| Deed convention | Limited warranty deed is the customary deed for arm's-length residential resales (the GAR Purchase and Sale Agreement switched its default from general warranty to limited warranty deed in 2014); general warranty deeds still appear but are no longer the contract default |
| Transfer tax | Real Estate Transfer Tax, O.C.G.A. 48-6-1: $1.00 for the first $1,000 of consideration plus $0.10 per additional $100 (effectively $1 per $1,000); PT-61 transfer tax declaration e-filed with every deed |
| Customary payer | seller (statutory liability on the party executing the deed; customarily seller-paid, negotiable) |
| Attorney closing | Attorney required or customary. Mandatory attorney-closing state: conducting a real estate closing is the practice of law reserved to Georgia-licensed attorneys (In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (2003); Formal Advisory Opinion 86-5); the closing attorney directs the closing and disbursement - lay/notary-only closings are UPL |
| Witness and notary | Deed must be signed by the grantor and attested by TWO witnesses: one officer/official witness (notary public, O.C.G.A. 44-2-15) and one unofficial witness, signing at execution (O.C.G.A. 44-5-30, 44-2-14 as amended eff. July 1, 2015 - actual attestation required, not after-the-fact acknowledgment); defective attestation curable by subscribing-witness affidavit (O.C.G.A. 44-2-18) |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed Georgia attorney before use. Read the full disclaimer.
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