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FSBO Paperwork in Georgia: The Documents Evans and Columbia County Sellers Need

FSBO Paperwork in Georgia: The Documents Evans and Columbia County Sellers Need

  • Caleb Fairey
  • November 10, 2026

FSBO paperwork in Georgia comes in three stages. Before you list: your deed, mortgage payoff information, tax bill, HOA documents, a seller's property disclosure and, for homes built before 1978, the federal lead-based paint disclosure. When you sell: a written purchase and sale agreement, any amendments and an earnest money receipt. At closing: a deed (usually a limited warranty deed), the PT-61 transfer tax form, a settlement statement and the seller affidavits your closing attorney prepares. In Georgia, a licensed attorney must prepare the deed and close the sale.

That's the checklist in one breath. Now let's slow down and walk through each document, what it does and where it comes from.

You've decided to sell your Evans home yourself. You're ready to put up the sign. Then someone asks, "Do you have your disclosure ready?" And you think, "My what?"

Here's the truth. Paperwork is where many FSBO deals get into trouble. Not because the forms are hard, but because sellers don't know which ones they need, or when. A missing disclosure or a sloppy contract can cost you a buyer, or a lot more after closing.

You're the hero here. We're the guide. The Fairey Team, with eXp Realty, is based in Evans, and we walk sellers through this paperwork all the time. This checklist will help you get it right whether you sell with us or on your own.

Stage 1: Paperwork to Gather Before You List

1. Your deed and title details. Find a copy of the deed that put the home in your name. It shows exactly who owns the property. If an owner has died, divorced or moved away, talk with an attorney now. Every owner usually has to sign.

2. Your mortgage payoff information. Have your loan number and lender contact ready. The closing attorney will request an official payoff statement before closing. Don't forget a second mortgage or home equity line.

3. Your property tax bill. The buyer will want to know what taxes run. In Columbia County, property tax bills are due November 15, and taxes are usually split by date at closing. Our guide to Columbia County property taxes in 2026 explains the bill.

4. HOA documents. If you're in a neighborhood with an HOA, gather the covenants, current dues and contact information. Buyers will ask, and many lenders will too.

5. A survey or plat, if you have one. It helps buyers see the lot lines, easements and any fence issues.

6. Repair and upgrade records. Receipts for a new roof, HVAC or water heater build trust. So do warranties that transfer.

7. Utility details. Average power and water bills, your internet provider and whether the home is on septic or public sewer.

Stage 1, Continued: Your Disclosures

8. A seller's property disclosure statement. Here's the Georgia nuance. Georgia law doesn't require sellers to fill out a disclosure form. Georgia courts follow "caveat emptor," or "let the buyer beware." But there's a big exception. Georgia courts have said a seller with special knowledge of a problem the buyer can't see may have a duty to disclose it. Hiding a known defect can lead to a fraud claim after closing.

So fill one out. Be honest. Answer "don't know" when you truly don't know. Many agents use the GAR Seller's Property Disclosure Statement, but that form is licensed for real estate licensees, so as an owner you'll likely need a disclosure form from your attorney.

One more Georgia rule: you can't be sued just for not disclosing that a death, homicide, suicide or felony occurred on the property. But you must answer a buyer's direct questions honestly.

9. A lead-based paint disclosure, if the home was built before 1978. This one is federal law, and it applies to owners selling on their own. Before the buyer signs a contract, you must:

  • Give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home.
  • Disclose anything you know about lead-based paint or lead hazards in the home.
  • Hand over any lead reports or records you have.
  • Include a Lead Warning Statement in or attached to the contract.
  • Give the buyer 10 days to do a lead inspection, unless you both agree in writing to change or waive it.

Keep a signed copy for three years after the sale. The EPA has a free sample seller disclosure form.

Stage 2: Paperwork When You Sell

10. A written purchase and sale agreement. This is the most important document in the deal. In Georgia, a contract to sell land must be in writing to be enforced. It should cover the price, the earnest money and who holds it, the due diligence period, financing and appraisal terms, closing cost help, the closing date, what stays with the house and what happens if someone backs out.

Many FSBO sellers are surprised by this part. The Georgia Association of REALTORS® forms that most local agents use are copyrighted. GAR licenses them only to its members and other approved real estate licensees, for deals in which they act as licensees. Its license even bars attorneys who aren't licensees from handing GAR forms to clients. So plan on a contract prepared or reviewed by a Georgia real estate attorney. It's money well spent.

11. Amendments and notices. Repair requests, price changes, extensions and notices to end the deal all belong in writing, signed by both sides. Keep copies of everything, with dates.

12. The earnest money receipt. The buyer's earnest money should go to a neutral escrow holder named in the contract, often the closing attorney. Get a written receipt. Our earnest money guide explains how it works.

13. Buyer's proof of funds or pre-approval letter. Ask for it with the offer. It's not a legal requirement, but it tells you whether the buyer can close.

Stage 3: Paperwork at Closing

The closing attorney prepares most of these. Still, you should know what you're signing.

14. The deed. This document transfers the home to the buyer. Georgia uses a few main types:

  • General warranty deed: the seller guarantees the title against problems from any time.
  • Limited warranty deed: the seller guarantees the title only against problems that arose while they owned it. This is very common in Georgia, and the standard GAR purchase contract calls for one.
  • Quitclaim deed: the seller transfers whatever interest they have, with no promises. It's more common between family members or to clear up title than in a sale to a stranger.

Who prepares it matters. The Supreme Court of Georgia has held that only a licensed Georgia attorney may prepare or facilitate the execution of a deed for a seller, borrower or lender. That's one big reason every Georgia sale has a closing attorney. Our guide to whether you need an attorney to sell your house in Georgia covers the details.

15. The PT-61 form. This is Georgia's real estate transfer tax form. It's filed online through the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA), one per deed, and the transfer tax must be paid before the deed can be recorded. The tax is $1 for the first $1,000 and 10 cents for each additional $100, or about $1 per $1,000. That's $334 on a $334,000 sale. The Georgia Department of Revenue says the seller is liable for the tax, though the contract can shift it to the buyer. The standard GAR contract has the buyer pay it, so make sure your contract says who pays.

16. The settlement statement. This shows every dollar: the price, your payoff, taxes, fees, credits and your net proceeds. Read it line by line before closing day. Ask about anything you don't understand.

17. Seller affidavits. Your closing attorney will usually ask you to sign sworn statements about the property, such as who's in possession and whether there are unpaid liens or recent work that could lead to a lien. If you live out of state when you sell, ask about Georgia's nonresident withholding rule. Buyers generally must withhold 3% of the price unless an exemption applies. A sale of your principal residence is exempt. Your closing attorney will tell you which Georgia Department of Revenue affidavit to sign.

18. The recorded deed. After closing, the deed is recorded with the Clerk of Superior Court in the county where the home sits. In Columbia County, that's the Clerk's office at the Evans Justice Center, 640 Ronald Reagan Drive in Evans. The recording fee is $25 per document. Your closing attorney typically handles the filing.

Your Simple Paperwork Plan

  1. Gather your deed, payoff, tax, HOA and repair records this week.
  2. Disclose in writing, plus the lead form for pre-1978 homes.
  3. Hire a Georgia attorney for your contract and closing.
  4. Document every change in writing.
  5. Review the settlement statement before you sign.

What's at Stake

A handshake deal isn't a deal. A vague contract can fall apart in due diligence. A skipped disclosure can turn into a claim after you've spent the money. And a missing signature can delay closing for weeks. Good paperwork protects your price, your timeline and your peace of mind.

Picture This

Every document is in one folder. The buyer's questions get answered the same day. The attorney's office calls to say, "We have everything we need." You sign, hand over the keys and never think about the paperwork again. That's what organized feels like.

Frequently Asked Questions

What paperwork do I need to sell my house by owner in Georgia?

Before you list: your deed, mortgage payoff information, tax bill, HOA documents and a seller's disclosure, plus the lead-based paint disclosure for pre-1978 homes. Then a written purchase contract. At closing, the attorney prepares the deed, the PT-61, the settlement statement and seller affidavits.

Does Georgia require a seller's disclosure?

No state law requires a disclosure form. But Georgia courts may hold sellers liable for hiding known problems a buyer couldn't reasonably find. A written disclosure is the best way to protect yourself. Federal law requires a lead-based paint disclosure for most homes built before 1978.

Can I use GAR forms to sell my house by owner?

Generally, no. GAR's license limits its forms to its members and other approved real estate licensees, for deals in which they act as licensees. Ask a Georgia real estate attorney to prepare or review your contract and disclosure.

What is a PT-61 form in Georgia?

It's the Georgia real estate transfer tax form. It's filed online through the GSCCCA, one per deed, and the tax must be paid before the deed is recorded. The tax is about $1 per $1,000 of the sale price.

Who prepares the deed when selling a house in Georgia?

A licensed Georgia attorney. The Supreme Court of Georgia has held that preparing or facilitating a deed for a seller, borrower or lender is the practice of law. In most sales, the closing attorney prepares the deed.

What kind of deed is used to sell a house in Georgia?

A limited warranty deed is very common, and the standard GAR purchase contract calls for one. General warranty deeds and quitclaim deeds are also used. Your attorney can explain which fits your sale.

Where are deeds recorded in Columbia County, GA?

With the Columbia County Clerk of Superior Court at the Evans Justice Center, 640 Ronald Reagan Drive, Evans. The recording fee is $25 per document. Your closing attorney usually handles it.

Keep Reading

Selling because of PCS orders? Our military relocation page can help. Curious what your home is worth first? Try our free home valuation, or explore Columbia County neighborhoods if you're buying next.

Questions about a document? Call or text us at (706) 480-5203 or email [email protected].

Notes: Disclosure rules and the stigma rule (O.C.G.A. § 44-1-16) are summarized from Nolo, which cites Wilhite v. Mays, 140 Ga. App. 816 (1976). Lead-based paint requirements are from the EPA. GAR form licensing is from the GAR Forms License Agreement. The written-contract rule is Georgia's Statute of Frauds, O.C.G.A. § 13-5-30. The deed rule is from In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (2003). The GAR contract's deed and cost terms are from the 2026 GAR Purchase and Sale Agreement (F201). PT-61 and transfer tax details are from the GSCCCA and the Georgia Department of Revenue. Recording fees and address are from the Columbia County Clerk of Superior Court; the tax due date from the Columbia County Tax Commissioner; nonresident withholding from O.C.G.A. § 48-7-128. Sources checked Nov. 10, 2026.

This post is general information, not legal or tax advice. Forms and rules change. Talk with a Georgia real estate attorney about your sale.

Photo: "Man Signing a Paper" by MART PRODUCTION, via Pexels (Pexels License). Cropped and resized. Illustrative stock photo, not a Fairey Team client.

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