Georgia Mold Disclosure Rules Every Agent Needs to Know
Georgia doesn't have a mold-specific disclosure statute, but material defect rules still apply. Here's exactly what agents must disclose — and what to document.
Georgia is a caveat emptor state — buyer beware — but that doesn't get you off the hook. If you knew about mold and didn't disclose, you're exposed to a lawsuit, license discipline, or both.
What the law actually says
Georgia real estate license law (O.C.G.A. § 43-40-25) requires licensees to disclose any material fact they know that affects the value or desirability of the property. Mold, past water damage, and ongoing remediation are all material.
The Seller's Property Disclosure Statement (SPDS)
If the seller uses the GAR (Georgia Association of REALTORS) SPDS, mold and water intrusion are called out specifically. If they answer "no" and you know otherwise, you have a problem. If they answer "yes," attach the remediation report.
Your 5-step documentation checklist
- Ask the seller directly about any past water events, in writing.
- Have the seller sign the SPDS with mold/water sections completed.
- Attach any remediation certificates or air quality reports.
- Note remediated areas in the MLS remarks.
- Save all buyer disclosures in your transaction file for 5+ years.
When to recommend remediation before listing
- Any visible mold >10 sq ft
- Any odor even without visible mold
- Any past water event within the last 2 years
Remediated + documented sells for market price. Undisclosed + discovered by the buyer's inspector kills the deal and threatens your license.
The agent's script to sellers
"Georgia law requires us to disclose any mold or water damage we know about. If we address it up front with a certified remediation, we protect you legally and preserve your list price. If we don't, we're exposed — and buyers always find out."