Georgia CommonsHB 618: Property; require any seller of real property to make certain disclosures regarding flood damage to such real property
Comm Sub version, the latest LegiScan holds · Last action March 31, 2026 · Engrossed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
The Senate Committee on Judiciary offered the following
substitute to HB 618:
A BILL TO BE ENTITLED
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for certain protections in the conveyancing of real property in this state; to require any seller of real property in this state to make certain disclosures regarding flood damage to such property; to provide a definition; to provide for violations of the "Fair Business Practices Act of 1975"; to exclude any requirements for an independent investigation or inquiry; to provide for a fine for any frivolous mechanic lien filed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Chapter 1, relating to general provisions, by revising Code Section 44-1-18, which is designated as reserved, as follows:
"44-1-18.
(a) As used in this Code section, the term 'flood' means means any inundation from rising waters or from the overflow of streams, rivers, or other bodies of water, or from tidal surges, abnormally high tidal water, tidal waves, tsunamis, hurricanes, or the unusual and rapid accumulation of standing water resulting from a storm.
(b) In addition to any other disclosures required by federal or state law, prior to any arm's length transaction of any one-to-four family residential real property located within any county in this state, it shall be the seller's responsibility to disclose any knowledge of a flood impacting such property during such seller's ownership of such property by affirming or denying each of the following:
(1) Any physical damage to the property or improvements located on such property caused by a flood during such seller's ownership of such property;
(2) Any insurance claim made by such seller for any damages due to a flood loss covered under the National Flood Insurance Program or a private flood insurance policy;
(3) Any repairs made by such seller to the property or improvements located on such property as a result of a flood regardless of whether any insurance claim was filed;
(4) Any notification to such seller regarding the designation of such property as a repetitive loss structure or severe repetitive loss structure as defined in 42 U.S.C. Section 4104c(h); and
(5) Any notification to such seller to obtain and maintain flood insurance under federal law, such as because of a previous form of disaster assistance received by any owner of such property under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Section 5121, et seq.
(c) The required disclosures provided for in subsection (b) of this Code section shall be in writing, shall be based on the seller's knowledge of a flood impacting such property during such seller's ownership of such property, and shall identify the approximate date or dates of any flood impacting such property during such seller's ownership of such property and the nature of any repairs made to such property during such seller's ownership of such property.
(d) Any willful omission to any disclosure requirement provided for under this Code section shall be considered an unlawful act as provided under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'
(e) Nothing in this Code section shall be construed as requiring a seller or any real estate broker or advisor representing or working with a seller, landlord, buyer, or tenant to undertake any independent investigation of or inquiry into any subject matter requiring disclosure under subsection (b) of this Code section. Reserved."
SECTION 2.
Said title is further amended in Chapter 14, relating to mortgages, conveyances to secure debt, and liens, by adding a new Code section to read as follows:
"44-14-361.6.
Any lien filed pursuant to Code Section 44-14-361 that is made without substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose, as such terms are defined in Code Section 51-7-80, shall be subject to a fine of $1,500.00 per lien filed, in addition to reasonable attorney's fees or court costs."
SECTION 3.
This Act shall become effective on January 1, 2027.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.