Georgia statute reference · O.C.G.A. § 44-3-111
§ 44-3-111 - Resale disclosure
Section 44-3-111 is Georgia's first-sale condominium disclosure statute. On the first residential sale of a unit, the buyer may void the contract until at least seven days after the seller furnishes ten specified documents, bound and indexed. That seven-day right may not be waived, and the contract must carry boldface legends spelling it out.
Statute text reproduced from the Official Code of Georgia Annotated (O.C.G.A.); editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Georgia counsel.
Current as of 2026-05-29.
What boards, sellers, and buyers need to know
The statute is narrow in scope but strong in effect. Under O.C.G.A. § 44-3-111(a), it reaches only the first bona fide sale of a residential unit for residential occupancy, whether the seller is the declarant, the association, or anyone else. A contract within that scope is a covered contract.
The seven-day right is the core protection. Section 44-3-111(b) makes a covered contract voidable by the buyer until at least seven days after the seller furnishes the documents the subsection lists, and § 44-3-111(c)(1) confirms the right and states it may not be waived. Section 44-3-111(c)(2) goes further: a contract executed before seven days have passed since actual delivery of the required items is of no force or effect, and that provision also may not be waived. Both subsections require boldface or capital-letters legends in the contract.
The disclosure is a defined package. Section 44-3-111(b) lists ten items, from the floor plan and the declaration through the budget, the relevant leases and management contracts, the declarant's build-out commitment, and, for conversion condominiums, structural-condition statements. The items must be bound or stapled into a single package with an index sheet showing each item is attached or does not exist. A signed, dated acknowledgment of receipt is prima-facie evidence of the delivery date.
Remedies run to damages and rescission. Section 44-3-111(i) allows a damages action against the seller within the period the subsection defines; § 44-3-111(j) caps the cause of action at five years after closing, allows pre-closing rescission, and awards reasonable attorney's fees to the prevailing party; and § 44-3-111(k) makes a willful violation a misdemeanor. There is no statutory dollar cap on a Georgia disclosure fee comparable to a Florida estoppel-fee cap; the only figure this section sets is the $25.00 nonrefundable deposit ceiling.
Key requirements
Scope of the disclosure
O.C.G.A. § 44-3-111(a)- First bona fide sale of a residential unit for residential occupancy
- Applies whether the seller is the declarant, the association, or anyone else
- Such a contract is a covered contract
The ten required documents
O.C.G.A. § 44-3-111(b)- Floor plan; declaration and amendments; articles and bylaws and amendments
- Ground lease; management contracts with a term over one year
- Operating budget and the unit's expense schedule
- Leases of unit-owner-only and common-use facilities
- Declarant build-out commitment; conversion-condominium condition statements
- Bound or stapled into one indexed package
The seven-day voidable right
O.C.G.A. § 44-3-111(b), (c)- Voidable until at least seven days after the seller furnishes the items
- The right may not be waived
- Boldface or capital-letters legend required in the contract
- A contract signed too early is of no force or effect
Deposit and remedies
O.C.G.A. § 44-3-111(b), (i), (j), (k)- Nonrefundable deposit not in excess of $25.00, applied to the purchase price
- Damages action against the seller within the statutory period
- No cause of action survives more than five years after closing
- Prevailing party recovers reasonable attorney's fees
- Willful violation is a misdemeanor
Key statutory text
The seven-day voidable provision, reproduced verbatim from the Official Code of Georgia Annotated. Full text at legis.ga.gov.
§ 44-3-111(b) - the voidable right
Any covered contract shall be voidable by the buyer until at least seven days after the seller has furnished to the prospective buyer the documents specified in this subsection. The copy of any such document which must be executed in order to be effective shall be a copy of the executed document.
§ 44-3-111(c)(1) - cannot be waived
Any covered contract shall be voidable by the buyer until at least seven days after the seller has furnished to the buyer all of the items required to be furnished under this Code section. This subsection may not be waived.
Common questions about § 44-3-111
- Which condominium sales does O.C.G.A. § 44-3-111 cover?
- O.C.G.A. § 44-3-111(a) applies only to the first bona fide sale of each residential condominium unit for residential occupancy by the buyer, a member of the buyer's family, or an employee of the buyer. It applies whether the seller is the declarant, the association, or any other person. The statute calls a contract subject to it a covered contract.
- What is the seven-day right under § 44-3-111?
- Under O.C.G.A. § 44-3-111(b), any covered contract is voidable by the buyer until at least seven days after the seller has furnished the documents the subsection lists. Section 44-3-111(c)(1) repeats that the contract is voidable by the buyer until at least seven days after the seller has furnished all of the required items and states that this subsection may not be waived. The contract must carry a boldface or capital-letters legend telling the buyer about the right.
- What documents must a Georgia condominium seller furnish?
- O.C.G.A. § 44-3-111(b) lists ten items: (1) a floor plan of the unit; (2) the declaration and each amendment; (3) the articles of incorporation and bylaws and each amendment; (4) any ground or underlying lease; (5) every management, maintenance, or operating contract with a term over one year; (6) the estimated or actual operating budget plus the unit's expense schedule; (7) any lease of facilities used only by unit owners; (8) any lease of facilities that may be used in common with others; (9) a statement of the declarant's commitment to build additional units or facilities; and (10) for a conversion condominium, statements on the condition and useful life of components and any outstanding code violations. The items must be bound or stapled into a single package with an index sheet.
- Can a Georgia condominium seller charge for the disclosure package?
- Under O.C.G.A. § 44-3-111(b), a nonrefundable deposit not in excess of $25.00 may be required of the recipient of the documents, to be applied to the purchase price if the recipient buys the unit. A dated, written acknowledgment of receipt signed by the recipient is prima-facie evidence of the date of delivery.
- What happens if the buyer signs before receiving the documents?
- Under O.C.G.A. § 44-3-111(c)(2), no covered contract executed before the expiration of seven days after actual delivery of the required items is of any force or effect, and that subsection may not be waived. The contract must carry a boldface or capital-letters legend stating that, unless all required items were received at least seven days before signing, the contract is of no force or effect and not binding on any party.
- What remedy does a Georgia condominium buyer have under § 44-3-111?
- O.C.G.A. § 44-3-111(i) lets a person who relied on false or misleading promotional materials, or who paid toward a purchase without being furnished the required information, sue the seller for damages within the period the subsection defines. Under § 44-3-111(j), no such cause of action survives more than five years after closing, a buyer with a damages right may also rescind before closing, and the prevailing party recovers reasonable attorney's fees. Under § 44-3-111(k), a willful violation by the declarant, seller, agent, broker, or other person is a misdemeanor.
Search synced statutes on Common Elements
Search Georgia community-association statutes on Common Elements - plain-English summaries, keyword search, and (where available) the same deep section library as Florida. Free account for bookmarks, uploads, and side-by-side compare.
This is not legal advice. Consult Georgia community-association counsel for your specific situation.