Legal Question in Real Estate Law in Georgia

Inaccurate disclosure statement provided by seller

My wife and I had a contract on a house. We were told by our agent that we had to provide earnest money before we could get a disclosure statement. After getting the disclosure statement , we had a home inspection done. The inspection report showed that there was evidence of previous termite damage and current termite activity. There were also areas of the roof that were leaking. These things along with the fact that the county has the home dated 14 years older than the disclosure and the seller does not know the location of the septic tank or even if there is one in the property. The disclosure state that the home was on septic. We have not purchased the home yet and have told our real estate agent that we would like to terminate the contract due to these issues. My question is: should we be entitled to our earnest money back sinse we were not provided this information prior to having to put down earnest monies?


Asked on 8/08/07, 10:23 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Inaccurate disclosure statement provided by seller

I think you can get your earnest money back and terminate the contract. However, if you can't resolve the matter, have an attorney review your contract.

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Answered on 8/10/07, 11:07 am


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