Georgia real estate: buy or sell with a local AXEN agent
Georgia closes a home sale at a lawyer's office. Under O.C.G.A. 48-5-7 the state taxes property on 40% of its value, the homestead break has a hard filing date, and the seller does not owe you a disclosure form by law. Here is what is the same everywhere in Georgia, and where to search homes.
Georgia cities we cover
Each guide covers the local neighborhoods, costs and rules for that city.
What every Georgia buyer and seller should know
A Georgia lawyer runs the closing
Georgia treats closing a home sale as practicing law. The Supreme Court of Georgia approved UPL Advisory Opinion 2003-2, which says a licensed Georgia attorney has to prepare the deed and be present and in control at the table. A notary-only or witness-only closing is not allowed. In a loan deal that attorney usually works for the lender, not you. Ask who they represent.
Transfer tax is $1 per $1,000
Georgia charges $1.00 on the first $1,000 of the price, then 10 cents for each extra $100. The rate is in O.C.G.A. 48-6-1 and the seller owes it under 48-6-3, but the contract often moves it to the buyer. There is no tax when the price is $100 or less. The deed cannot be recorded until it is paid and a PT-61 form is filed.
Buyers with a loan pay the intangible tax
When the lender records a security deed on a long-term note, O.C.G.A. 48-6-61 charges $1.50 for each $500 of the loan. The most on any one note is $25,000. The law puts it on the lender. The lender almost always passes it to the borrower.
Buyer beware, with a big exception
Georgia still follows caveat emptor. But a seller who knows about a hidden problem you cannot see, and stays quiet, can be sued for fraud. That is the rule from Wilhite v. Mays. Sellers have to speak up about known defects that are not in plain sight.
No disclosure form is required by law
Georgia has no state disclosure form. The Seller's Property Disclosure Statement most agents use is a Georgia Realtors contract form. Once a seller fills it in, it becomes part of the deal and wrong answers create liability. O.C.G.A. 44-1-16 also says a seller does not have to volunteer that a death or certain illnesses happened there, but a direct question still has to be answered honestly.
Property is taxed on 40% of value
O.C.G.A. 48-5-7 taxes homes on 40% of fair market value, not the full price. The county mails an assessment notice every year. You have 45 days from the date on that notice to appeal in writing to the county board of tax assessors. Miss it and you wait a year.
File for homestead, usually by April 1
If you owned and lived in the home on January 1, you can claim a homestead exemption. The state standard exemption is $2,000 off assessed value and many counties add bigger local ones. Since 2025 there is also a statewide floating exemption that caps how fast your assessed value can climb, in every county and school district that did not opt out. For 2026 the state set that index at 2.7%. SB 33, signed on May 11, 2026, took the opt-out away, so the floating exemption applies in every county, city and school district from January 1, 2027, measured from 2026 values. Most counties use an April 1 filing deadline, and since 2026 you can also file during the 45-day window after your assessment notice. File with your county tax commissioner and check your county.
Termite letter and HOA papers
The Official Georgia Wood Infestation Inspection Report is a state form from a certified operator. No law forces one on a sale, but most lenders and contracts want it. If the home is in an HOA under the Property Owners' Association Act, unpaid dues are an automatic lien on the lot and the association has to give a statement of what is owed. Get that statement before you close.
Closing costs in Georgia: who pays what
Who pays what in Georgia. Some of these are set by state law. Some are local custom and can be negotiated in the contract.
| Buyer pays | How it works |
|---|---|
| Intangible recording tax | $1.50 for each $500 of the loan amount, capped at $25,000 per note. It can also reach modifications, renewals, extensions and assignments, not just new loans. |
| Attorney closing fee | A flat fee set by the law firm. The state does not set it. |
| Title search and exam | Charged by the closing attorney, flat or hourly. |
| Owner's title insurance | A one-time premium based on the price. Optional, but most buyers take it. |
| Recording the deed and security deed | $25.00 per document statewide. Some counties add an e-filing charge. |
| Survey | A flat quote based on the lot. Optional unless your lender or the contract asks for it. |
| Home inspection | A flat fee. No law requires it. |
| Termite letter | A flat fee to a certified operator. Most lenders ask for it. |
| HOA initiation or transfer fee | Set by the association's recorded documents. |
| Seller pays | How it works |
|---|---|
| Transfer tax | $1 per $1,000 of the price. State law puts it on the seller unless the contract says otherwise. |
| Loan payoff | Your lender's payoff figure good through the closing date. |
| Cancelling the old security deed | $25.00 to record the cancellation. |
| Property tax proration | Split by the days each side owned the home that year, on the settlement statement. |
| HOA dues and closing letter | Your share of dues plus the association's fee for its statement of amounts due. |
| Termite letter, when you agree to it | A flat fee to a certified operator. Who pays is negotiated. |
| Repairs agreed after due diligence | Whatever the signed amendment says. |
| Your own attorney, if you want one | Flat or hourly. The closing attorney is not your lawyer. |
Attorney fees, title premiums, survey and inspection prices are not set by the state and vary by firm and county. Ask your AXEN agent for the numbers in your county before you sign.
How a Georgia home purchase runs
From binding agreement to keys, most Georgia sales run 30 to 45 days. Here is the order, and which parts are law rather than custom.
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Binding agreement date. The agent who gets the final acceptance tells the other side, and the clock starts. Every other deadline counts from this day. That is contract custom, not law.
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Earnest money delivered. You send it to the holder named in the contract, usually within a few days. A Georgia broker holding it must keep it in a registered trust account and cannot take any of it until the deal closes or ends.
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Due diligence period. You inspect, get the termite letter, read the HOA documents, and can walk away or ask for repairs. The length is negotiated, not set by law. Usually 7 to 14 days.
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Loan application and appraisal. You apply, the lender orders the appraisal. The financing and appraisal outs are contract terms, not law. Usually the first three weeks.
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Title exam. The closing attorney searches the county records and checks liens and easements, then orders the title commitment. Usually days 7 to 25.
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Survey and HOA statement. You order a survey if you want one or the lender asks. The closing attorney requests the association's statement of what is owed.
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Final walkthrough. You check that agreed repairs are done and the home is in the shape you agreed. The day before closing or the morning of.
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Closing at the attorney's office. Everyone signs, the attorney is present and in control, and money goes out of the firm's trust account. This one is law.
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Recording. The attorney files the deed and security deed with the clerk of superior court and pays the transfer tax with the PT-61 form and the intangible tax. Same day or a few days after.
Georgia by region
Georgia buyers shop by region as much as by town. Tap a city for homes for sale there.
Metro Atlanta
The state's biggest job center and busiest housing market. Most homes are on public water and sewer, and most newer neighborhoods have an HOA.
Northeast Georgia
A college town and the way into the north Georgia hills. More well and septic homes as you leave town.
Middle Georgia and the Fall Line
Older river cities with large historic districts and big military and medical employers. Many homes were built before modern building codes.
Coastal Georgia
Historic district rules, flood zones, and wind and flood insurance questions that never come up inland.
AXEN Realty in Georgia
Every AXEN agent in Georgia works under a licensed managing broker: Laura Nerbonne (AXEN Realty, LLC, firm license 82481). See every state on the state brokers page.
Buying? Start with the home buying guide and get pre-approved.
Selling? Read the home selling guide and get your home value.
Moving here? Read buying in a new state.
Real estate agent? Changing brokerages in Georgia: you file it, both brokers sign; state fee: not printed on the form (GREC charges $25 to return an incomplete one). See how to transfer a Georgia license, the switching checklist, advice for new agents and how keeping 100% works.
Georgia real estate questions
Do I need a lawyer to buy a house in Georgia?
Yes. A licensed Georgia attorney has to prepare the deed and run the closing. You cannot close with just a notary or a title agent. The lender usually picks the firm, and that attorney normally represents the lender. You can still hire your own.
Who picks the closing attorney?
With a loan, the lender approves the firm and the buyer usually picks from that list. In a cash sale the buyer usually picks. It is negotiable in the contract. Ask early, because that firm handles the title work, the money and the recording.
Is title insurance required in Georgia?
No law requires it. Your lender will require its own policy when you borrow. An owner's policy is optional but customary. It is a one-time cost at closing and covers title problems the search missed, like a forged deed or an unknown heir.
Do I have to get a survey?
No law requires one for a home purchase, and many lenders waive it. Get one if the boundary, fence, driveway or an easement is unclear, or if you plan to build. The closing attorney can tell you what the title work already shows.
What is the termite letter and who pays for it?
It is the Official Georgia Wood Infestation Inspection Report, a state form from a certified operator. It says the home looks free of wood-destroying insects. Most lenders want it. Who pays is set in the contract and it varies by market.
When do I file for the homestead exemption?
File with your county tax commissioner after you close, for the next tax year. You have to own and live in the home on January 1. Most counties use an April 1 deadline, and since 2026 you can also file during the 45 days after your assessment notice arrives. Check your county before you rely on a date.
My assessment notice looks too high. What can I do?
Appeal in writing to the county board of tax assessors within 45 days of the date the notice was mailed, under O.C.G.A. 48-5-311. You can argue value, uniformity or taxability. Miss the 45 days and you wait until next year. Remember Georgia taxes 40% of fair market value.
Does the seller have to fill out a disclosure form?
Georgia law does not require one. Most sales use the Georgia Realtors form as a contract document instead. Georgia still follows buyer beware, so inspect carefully. A seller who hides a known defect you could not see can still be sued.