25 LC 52 0793
House Bill 618
By: Representative Campbell of the 171
st
A BILL TO BE ENTITLED
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to
1
require any seller of real property in this state to make certain disclosures regarding flood2
damage to such real property; to provide for a definition; to provide for flood damage to be3
an adverse material fact; to provide for violations of the "Fair Business Practices Act of4
1975"; to provide for related matters; to provide for an effective date; to repeal conflicting5
laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in9
Chapter 1, relating to general provisions, by revising Code Section 44-1-18, which is10
designated as reserved, as follows:11
"44-1-18.12
(a) As used in this Code section, the term 'flood' means any inundation from rising waters
13
or from the overflow of streams, rivers, or other bodies of water, or from tidal surges,14
abnormally high tidal water, tidal waves, tsunamis, hurricanes, or other severe storms or15
deluge.16
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(b) In addition to any other disclosures required by federal or state law, prior to any17
purchase, lease, or other acquisition of real property or any interest in real property located18
within any county in this state, it shall be the seller's responsibility to disclose any actual19
knowledge of:20
(1) Any physical damage to the property or improvements located on such property21
caused by a flood;22
(2) Any insurance claim for loss covered under the national flood insurance program or23
a private flood insurance policy;24
(3) Any repairs made to the property or improvements located on such property as a25
result of a flood regardless of whether any insurance claim was filed;26
(4) Any notification regarding the designation of the property as a repetitive loss27
structure or severe repetitive loss structure as defined in 42 U.S.C. Section 4104c(h);28
(5) Any obligation to obtain and maintain flood insurance under federal law, such as29
because of a previous form of disaster assistance received by any owner of the property30
under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, 4231
U.S.C. Section 5121 et seq.;32
(6) Any part of the property falling within a 100 year or 500 year floodplain as33
designated by the Federal Emergency Management Agency; and34
(7) Any material erosion, erosion control, or erosion control structures affecting the real35
property.36
(c) The required disclosures provided for in subsection (b) of this Code section shall be in37
writing and shall include:38
(1) The approximate date or dates and a general description of any flood;39
(2) The approximate date or dates and nature of any claims made regarding damage to40
the property or improvements located on such property resulting from any flood; and41
(3) The approximate date or dates, nature, and cost of any repairs made to the property42
or improvements located on such property because of damage resulting from a flood.43
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(d) Any damage to property or improvements located on such property resulting from a44
flood shall constitute an adverse material fact pertaining to the physical condition of the45
property as provided for in Chapter 6A of Title 10.46
(e) Failure to provide any disclosures as required by this Code section shall be considered47
a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act48
of 1975,' and all public and private remedies available under such part shall be available49
with regard to any such violation. Reserved."50
SECTION 2.51
This Act shall become effective upon its approval by the Governor or upon its becoming law52
without such approval.53
SECTION 3.54
All laws and parts of laws in conflict with this Act are repealed.55
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