Legal Question in Real Estate Law in Georgia

Real Estate Disclosure

I am a first time homebuyer and purchase a home with 4.66 acres in Cumming, GA this past month. It was purchased from the seller directly. I was very happy to buy my home only to find out yesterday that the seller did not disclose a cemetary on the property. I would have never purchased the land with a cemetary on it. We did walk the land entirely several times and never noted a cemetary. However, we did see a clearing of about 20 old 100+ yr old trees cut down. We just figured the prior owner cut them down for fire wood for the home. We learned yesterday that a family member of one of the deceased had come onto the property about 6 months ago and cut the trees. The headstones had been destroyed by kids about 5 years ago. did the seller have to disclose a cemetary on the property?


Asked on 9/05/08, 8:33 am

2 Answers from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Real Estate Disclosure

This is kind of a law school question. It would require some research so you may have to hire an attorney to find your answer. You might have to prove that the seller had actual knowledge that a cemetery existed on the property. However, in the meantime, you might want to call the title company from which you purchased owner's title and talk it over with them. You might have a title claim. You should also do some research and find out who is buried in the cemetery, the family member responsible, and start doing some investigation on your own. Also, contact the closing attorney as ask if the title search revealed any evidence of a previous cemetery. See if he will voluntarily give you a copy of the title abstract.

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Answered on 9/05/08, 12:40 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Real Estate Disclosure

The seller may well be liable to you for damages. Before you undertake what could be a very complicated matter, consult with an attorney. If you would like to discuss, feel free to give me a call. I handle cases in Forsyth County.

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Answered on 9/05/08, 8:53 pm


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