1. Georgia's Property Disclosure Statement
Georgia requires sellers of residential property to complete a Seller's Property Disclosure Statement. This form asks sellers to disclose known material defects and conditions of the property. The Georgia Association of Realtors (GAR) form includes a section on environmental conditions that covers hazardous materials and environmental hazards.
The disclosure form asks sellers about their knowledge of various environmental issues, which can include radon. The key word here is "knowledge." Georgia operates on a knowledge-based disclosure system, not a testing-based one. Sellers must share what they know, but they are not required to go looking for problems they are not aware of.
This creates an important distinction. If a seller has previously tested their home for radon and the results showed elevated levels, they should disclose this information. If they have never tested, they have no knowledge to disclose, and in Georgia, that is generally sufficient to meet their legal obligation. For a comprehensive overview, see our complete guide to radon in Georgia real estate.
2. What Sellers Must Disclose About Radon
Under Georgia law and the standard disclosure form, sellers are expected to disclose known information about radon, which generally includes:
- Previous radon test results, whether high or low
- The existence of a radon mitigation system, if one is installed
- Known radon-related issues that have been identified in the past
- Any radon-related repairs or modifications made to the property
If a seller had a radon test performed and the results showed levels above 4 pCi/L, they should include this in their disclosures. If they installed a mitigation system, they should disclose the system and, ideally, the post-mitigation test results.
Concealing known radon information could expose a seller to liability after the sale. If a buyer discovers that the seller knew about elevated radon and did not disclose it, the buyer could potentially pursue legal remedies for failure to disclose a known material defect.
A Note About "As-Is" Sales
Even in an "as-is" sale, the seller's disclosure obligations generally still apply in Georgia. Selling "as-is" means the seller will not make repairs, but it does not eliminate the obligation to disclose known defects. If a seller knows about elevated radon, they should still disclose it even in an as-is transaction.
3. What Sellers Do Not Have to Do
Georgia's disclosure laws have significant gaps when it comes to radon. Here is what sellers are generally not required to do:
Test for radon before selling
Georgia does not require sellers to conduct radon testing. A seller who has never tested has no information to disclose. This is the most significant gap in the law from a buyer protection standpoint.
Mitigate known radon problems
Even if a seller knows their home has elevated radon, Georgia does not require them to install mitigation before selling. They must disclose the information, but fixing the problem is not legally required. It becomes a negotiation point.
Provide radon information proactively
There is no Georgia requirement for sellers to provide educational materials about radon risk in the area. Some states require an EPA radon pamphlet to be given to buyers; Georgia does not.
4. How Buyers Can Protect Themselves
Since Georgia does not require sellers to test for radon, the burden falls on buyers to protect themselves. The good news is that buyers have clear options.
Request Radon Testing
Include professional radon testing in your inspection period. The standard GAR contract allows for various inspections. A professional radon test costs $125 to $250 and takes 48 hours. This is a small cost compared to the value of the information it provides.
Review the Disclosure Form
Read the seller's disclosure form carefully. Look for any mention of radon testing, mitigation systems, or environmental issues. If radon is not mentioned, it may mean the seller has never tested, not that the home is radon-free.
Negotiate if Levels Are High
If testing reveals elevated radon, negotiate with the seller. Common resolutions include the seller paying for mitigation, providing a credit at closing, or reducing the sale price. Mitigation typically costs $1,200 to $2,500.
Do Not Skip Radon Testing
In competitive markets, some buyers skip inspections to strengthen their offer. Do not skip radon testing. The cost of mitigation if you discover the problem later is the same, but you lose your negotiating leverage after closing.
5. How Georgia Compares to Other States
Radon disclosure requirements vary significantly from state to state. Georgia falls in the middle of the spectrum.
Some states have stronger requirements. Illinois, for example, requires sellers to provide the EPA's radon guide to buyers and disclose known radon test results and mitigation history. Maine requires disclosure of radon test results. Several states require radon testing in real estate transactions in high-risk areas.
Other states have weaker or no specific radon disclosure requirements, relying entirely on general property disclosure laws. Georgia's approach, which includes radon in the general disclosure framework but does not mandate testing, is common among southeastern states.
Regardless of the legal requirements, the practical reality is the same: buyers should always test for radon before purchasing a home in Georgia. The law provides a baseline of protection, but it does not substitute for your own due diligence. You can also explore the financial side in our guide on radon mitigation pricing and see our full radon FAQ for additional answers.
6. Practical Advice for Both Sides
Whether you are buying or selling, approaching radon proactively benefits everyone in the transaction.
For Sellers
Consider testing your home before listing. If levels are low, you have a positive selling point. If levels are high, you can install a radon reduction system (typically $1,200 to $2,500) and present a solved problem rather than a negotiation obstacle. Proactive sellers who address radon upfront tend to have smoother closings. Disclose honestly and completely. Hiding known issues creates legal liability and damages trust. For more guidance, visit our radon resources for real estate agents.
For Buyers
Always request radon testing during the inspection period. Do not assume a clean disclosure form means no radon. Ask whether the seller has ever tested and request the results if they have. If radon is found, negotiate fairly. Mitigation is an affordable, permanent fix, and a high radon reading is not a reason to kill a deal. It is a reason to negotiate.
