Georgia's New Flood Disclosure Law: What Every Seller Must Now Reveal

Georgia's Flood Disclosure Law: A Major Shift for Real Estate Transactions

For decades, Georgia was one of the few states with no mandatory requirement for sellers to disclose a property's flood history to prospective buyers. That changed in 2025 when the Georgia General Assembly passed House Bill 618, a landmark piece of legislation that now requires sellers of residential real property to make specific disclosures regarding flood damage before a transaction can close.

The law took effect for transactions entered into on or after July 1, 2025, and its implications for buyers and sellers in Cherokee County — including Woodstock, Canton, and surrounding communities — are significant.

What HB 618 Requires

Under the new law, sellers must disclose whether the property has experienced flood damage from any source, including but not limited to storm surge, heavy rainfall, overflowing rivers or creeks, and stormwater drainage failures. The disclosure must cover the seller's knowledge of any flood events during their period of ownership.

Specifically, sellers are required to complete an updated disclosure form (Georgia Form F301) that now includes a dedicated flood history section. The form asks sellers to indicate:

• Whether the property has ever flooded during the seller's ownership
• Whether any flood insurance claims have been filed on the property
• Whether the property is located in a FEMA-designated Special Flood Hazard Area (SFHA)
• Whether any flood mitigation improvements (grading, French drains, sump pumps) have been made

Why This Matters in Cherokee County

While Woodstock and much of Cherokee County sit on elevated terrain compared to metro Atlanta, the area is not immune to flooding. Noonday Creek, Little River, and Etowah River tributaries have caused localized flooding events in neighborhoods near lower-lying areas. Properties near these waterways — particularly in older subdivisions built before modern stormwater standards — may have undisclosed flood histories that buyers were previously unable to discover without independent research.

According to a January 2025 study by environmental nonprofit First Street Foundation, Georgia ranks among the most expensive states for projected future flood damage costs, with climate-driven rainfall intensification expected to increase flood risk in areas that have historically been considered low-risk.

Penalties for Non-Disclosure

HB 618 includes enforcement provisions. Sellers who knowingly fail to disclose flood history face potential civil liability, and buyers who discover undisclosed flood damage after closing may have legal recourse. The Georgia Association of Realtors updated its standard purchase and sale agreement forms in mid-2025 to incorporate the new disclosure requirements.

What Buyers Should Do

Even with the new disclosure law in place, buyers are strongly advised to conduct independent due diligence. Reviewing FEMA flood maps at msc.fema.gov, checking the property's flood insurance history through the National Flood Insurance Program, and commissioning a professional inspection that specifically evaluates drainage and water intrusion remain best practices regardless of what a seller discloses.

If you are buying or selling a home in Woodstock or Cherokee County and have questions about how the new flood disclosure requirements affect your transaction, contact Cindi Blackwood directly. Understanding these new obligations is part of navigating today's Georgia real estate market successfully.