HB618: HB618 Property; require any seller of real property to make certain disclosures regarding flood damage to such real property

Currently Georgia law does not specifically require home sellers to tell buyers about past flooding. This bill fills in a reserved section of Georgia property law (O.C.G.A. § 44-1-18) to require that, before selling a one-to-four family home in any Georgia county, the seller must disclose in writing whether the property had flood damage, flood insurance claims, flood-related repairs, or was designated a repetitive loss structure during the seller's ownership, and whether the seller was ever required to carry flood insurance because of federal disaster aid. A seller who knowingly leaves out a required disclosure would be committing an unlawful act under Georgia's Fair Business Practices Act of 1975 (O.C.G.A. § 10-1-390 et seq.). The bill does not require sellers or their agents to investigate flood history beyond what they already know. Separately, the bill adds a new fine of $1,500 for anyone who files a frivolous mechanic's lien in bad faith, on top of attorney's fees and court costs. The changes would take effect January 1, 2027.

• Requires sellers of one-to-four family homes in Georgia to disclose in writing any known flood damage, flood insurance claims, or flood-related repairs made during their ownership.
• Requires disclosure of any notice that the property was designated a repetitive loss or severe repetitive loss structure, or that flood insurance was federally mandated.
• Makes a willful failure to disclose this flood information a violation of the Fair Business Practices Act of 1975 (O.C.G.A. § 10-1-390 et seq.).
• Clarifies that sellers and real estate agents are not required to independently investigate a property's flood history beyond their existing knowledge.
• Creates a new $1,500 fine, plus attorney's fees and court costs, for anyone who files a mechanic's lien without substantial justification, in bad faith, or with malice.

Sellers and buyers of one-to-four family homes across Georgia, real estate brokers and agents involved in those sales, and contractors or others who file mechanic's liens under O.C.G.A. § 44-14-361, who would face a new fine if a lien is filed in bad faith.

Home buyers would gain access to a seller's known flood history before closing, which could affect financing, insurance costs, or the decision to buy at all. Sellers would face potential Fair Business Practices Act liability for hiding known flood problems, and contractors filing bad-faith liens would risk a new financial penalty.

• Section 1 rewrites O.C.G.A. § 44-1-18 to define 'flood' and require written seller disclosures before any arm's length sale of a one-to-four family home in any Georgia county.
• Subsection (b) lists five specific disclosure items: physical flood damage, insurance claims, repairs, repetitive loss designation, and any federal flood insurance mandate notice.
• Subsection (c) requires disclosures to be in writing and to include approximate dates of flooding and the nature of any repairs.
• Subsection (d) makes willful omission of a required disclosure an unlawful act under the Fair Business Practices Act of 1975.
• Subsection (e) states sellers and agents need not conduct an independent investigation into a property's flood history.
• Section 2 adds O.C.G.A. § 44-14-361.6, imposing a $1,500 fine per frivolous or bad-faith mechanic's lien filed under O.C.G.A. § 44-14-361, plus attorney's fees and court costs.
• Section 3 sets the effective date as January 1, 2027.

1. 2026-03-31Senate Tabled (Senate)
2. 2026-03-31Senate Taken from Table (Senate)
3. 2026-03-27Senate Tabled (Senate)
4. 2026-03-18Senate Committee Favorably Reported By Substitute (Senate)
5. 2026-01-12Senate Recommitted (Senate)
6. 2026-01-12Senate Taken from Table (Senate)
7. 2025-04-02Senate Tabled (Senate)
8. 2025-03-28Senate Read Second Time (Senate)

• Joe Campbell (R, HD-171)Primary sponsor
• Scott Holcomb (D, HD-101)
• Bill Yearta (R, HD-152)
• Steven McNeel (R, SD-018)

1. PassedHouse voteMarch 6, 2025

   170 yea, 2 nay (4 not voting, 4 absent)

   Passage: House Vote #239

2. PassedSenate voteMarch 27, 2026

   26 yea, 22 nay (3 not voting, 3 absent)

   Motion To Table Remaining Legislation On The Rules Calendar: Senate Vote #835

• flood disclosure
• real estate transactions
• home buying
• consumer protection
• mechanic's liens