25 LC 49 2399S
The Senate Committee on Judiciary offered the following
substitute to HB 618:
A BILL TO BE ENTITLED
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to1
provide for certain protections in the conveyancing of real property in this state; to require2
any seller of real property in this state to make certain disclosures regarding flood damage3
to such property; to provide a definition; to provide for violations of the "Fair Business4
Practices Act of 1975"; to exclude any requirements for an independent investigation or5
inquiry; to provide for a fine for any frivolous mechanic lien filed; to provide for related6
matters; to provide an effective date; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in10
Chapter 1, relating to general provisions, by revising Code Section 44-1-18, which is11
designated as reserved, as follows:12
"44-1-18.13
(a) As used in this Code section, the term 'flood' means means any inundation from rising14
waters or from the overflow of streams, rivers, or other bodies of water, or from tidal15
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surges, abnormally high tidal water, tidal waves, tsunamis, hurricanes, or the unusual and16
rapid accumulation of standing water resulting from a storm.17
(b) In addition to any other disclosures required by federal or state law, prior to any arm's18
length transaction of any one-to-four family residential real property located within any19
county in this state, it shall be the seller's responsibility to disclose any knowledge of a20
flood impacting such property during such seller's ownership of such property by affirming21
or denying each of the following:22
(1) Any physical damage to the property or improvements located on such property23
caused by a flood during such seller's ownership of such property;24
(2) Any insurance claim made by such seller for any damages due to a flood loss covered25
under the National Flood Insurance Program or a private flood insurance policy;26
(3) Any repairs made by such seller to the property or improvements located on such27
property as a result of a flood regardless of whether any insurance claim was filed;28
(4) Any notification to such seller regarding the designation of such property as a29
repetitive loss structure or severe repetitive loss structure as defined in 42 U.S.C.30
Section 4104c(h); and31
(5) Any notification to such seller to obtain and maintain flood insurance under federal32
law, such as because of a previous form of disaster assistance received by any owner of33
such property under the federal Robert T. Stafford Disaster Relief and Emergency34
Assistance Act, 42 U.S.C. Section 5121, et seq.35
(c) The required disclosures provided for in subsection (b) of this Code section shall be in36
writing, shall be based on the seller's knowledge of a flood impacting such property during37
such seller's ownership of such property, and shall identify the approximate date or dates38
of any flood impacting such property during such seller's ownership of such property and39
the nature of any repairs made to such property during such seller's ownership of such40
property.41
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(d) Any willful omission to any disclosure requirement provided for under this Code42
section shall be considered an unlawful act as provided under Part 2 of Article 15 of43
Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'44
(e) Nothing in this Code section shall be construed as requiring a seller or any real estate45
broker or advisor representing or working with a seller, landlord, buyer, or tenant to46
undertake any independent investigation of or inquiry into any subject matter requiring47
disclosure under subsection (b) of this Code section. Reserved."48
SECTION 2.49
Said title is further amended in Chapter 14, relating to mortgages, conveyances to secure50
debt, and liens, by adding a new Code section to read as follows:51
"44-14-361.6.52
Any lien filed pursuant to Code Section 44-14-361 that is made without substantial53
justification or that is not made in good faith or that is made with malice or a wrongful54
purpose, as such terms are defined in Code Section 51-7-80, shall be subject to a fine of55
$1,500.00 per lien filed, in addition to reasonable attorney's fees or court costs."56
SECTION 3.57
This Act shall become effective on January 1, 2026.58
SECTION 4.59
All laws and parts of laws in conflict with this Act are repealed.60
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