Metro Atlanta
Atlanta, GA
Georgia requires an attorney at closing, and buyers negotiate a due diligence period in which they can walk away freely. Property tax rules are in flux: the 2026 HOME Act makes an inflation cap on homestead assessments mandatory statewide from 2027, while Atlanta's zoning rewrite has slipped to 2027.
💡 Upside tip
Use the due diligence period for every inspection and estimate, and check whether any option money you agreed to is refundable; then recompute property tax at your price, because the homestead inflation cap resets on sale even under the HOME Act.
Offers & competition
Under the GAR Purchase and Sale Agreement, the buyer can terminate during the negotiated due diligence period without penalty and recover earnest money. The parties may add option money that is nonrefundable unless the seller defaults; whether it is credited at closing depends on the contract terms.
Closing & who pays
Georgia requires a licensed attorney at closing, and the buyer usually chooses the closing attorney. Since 2023 the GAR forms have the seller pay only specifically listed closing costs, with the buyer paying everything else, so read the cost allocation carefully.
Transfer taxes
Georgia's transfer tax is $1 per $1,000 of value (0.1%), traditionally paid by the seller. One industry source says the 2023 GAR form shifts it to the buyer unless negotiated, so settle this in the contract.
Seller disclosures
Georgia has no comprehensive statutory seller-disclosure form requirement and leans toward buyer beware; the GAR Seller's Property Disclosure Statement is customary. Federal lead-paint disclosure applies to homes built before 1978, so your own inspection carries most of the weight.
What you can build
ADUs are permitted as an accessory use in R-5; a proposal to extend them to R-4 and R-4A was reported but not confirmed. The ATL Zoning 2.0 rewrite, which keeps single-family zoning largely intact but drops most residential parking minimums, was held for revisions in Sept 2026, so adoption is expected no earlier than 2027.
Permits & records
Our research did not verify Atlanta's permit portal or typical timelines. Check the city's permit portal and the Fulton or DeKalb County assessor records for the address, and compare recorded square footage with what you see.
Property tax
HB 581 (2024) created a floating homestead exemption that caps assessment growth at inflation, but many metro school districts opted out. The HOME Act (SB 33, signed May 11, 2026) makes that cap mandatory for all counties, cities and school districts from 2027 and lets voters adopt a 1% local homestead sales tax (LHOST) for relief from 2028, but the cap resets on sale.
Rent rules
Georgia preempts local rent control, so Atlanta cannot cap rents. Investors should underwrite at market rents and check HOA or covenant rental restrictions instead.
Key risks
Our research did not cover Atlanta-specific physical hazards. Check FEMA flood maps for the address, ask whether it sits in a locally designated historic district (which can block teardowns and additions), and watch for legal challenges to the HOME Act that could change tax projections.
⚠ Still verifying
Not re-verified: whether the 2023 GAR form shifts the transfer tax to the buyer, 2026 GAR due diligence and option money terms, ADU legality in R-4 and R-4A, the HB 581 opt-out status of the City of Atlanta, Fulton County and APS before 2027, the outcome of the June 2026 special session, possible constitutional challenges to the HOME Act, the rent-control preemption statute text (O.C.G.A. 44-7-19), and Atlanta permit portals.
Official sources
Updated: 2026-10 · Summaries of public rules as of the date shown. Not legal or tax advice. Always confirm with the official source.