Key Takeaways

  • The GAR (Georgia Association of REALTORS) Purchase and Sale Agreement is the standard contract form used in Georgia
  • Georgia requires earnest money to be deposited within 5 banking days per the GAR contract
  • Time is of the essence clauses are standard in Georgia contracts, making deadlines strictly enforceable
  • The Georgia contract allows for due diligence periods, financing contingencies, and inspection contingencies
  • Closing in Georgia typically uses attorneys who conduct the title examination and closing
Last updated: January 2026

Georgia Purchase and Sale Agreements

Important: This content covers Georgia-specific contract law. You should complete the National Real Estate Exam Prep first, as general contract principles are tested on the national portion.

Real estate contracts in Georgia must meet all standard contract requirements plus Georgia-specific provisions.

Standard Contract Requirements

For a valid Georgia real estate contract:

RequirementDescription
Competent PartiesLegal age (18+) and mental capacity
Offer and AcceptanceMeeting of the minds
Legal PurposeTransaction must be lawful
ConsiderationSomething of value exchanged
Written FormStatute of Frauds requires writing
Legal DescriptionProperty must be identifiable

The GAR Purchase and Sale Agreement

The Georgia Association of REALTORS (GAR) provides standard forms used in most residential transactions:

Key GAR Form Provisions

SectionPurpose
Purchase PriceTotal price and payment terms
Earnest MoneyAmount, holder, and deposit timeline
FinancingLoan type, amount, and contingency
Due DiligenceInspection period and rights
ClosingDate, location, and costs
Special StipulationsAdditional negotiated terms

Earnest Money Requirements

Per the GAR contract and GREC regulations:

  • Must be deposited within 5 banking days of binding agreement (per GAR)
  • GREC requires deposit within 3 banking days (regulatory requirement)
  • Held in broker's trust account or attorney escrow
  • Amount is negotiable between parties

Exam Tip: The GAR contract allows 5 banking days, but GREC regulations technically require deposit within 3 banking days. On the exam, follow GREC's 3-day rule unless specifically referencing the GAR form.

Key Contract Provisions

Time is of the Essence

Georgia contracts typically include a "time is of the essence" clause, meaning:

  • All deadlines are strictly enforceable
  • Missing a deadline can be grounds for default
  • Extensions must be in writing and agreed by all parties

Due Diligence Period

The due diligence period allows the buyer to:

  • Inspect the property
  • Review HOA documents
  • Verify zoning and permits
  • Conduct surveys
  • Terminate for any reason (typically)

If buyer terminates during due diligence, earnest money is usually returned.

Financing Contingency

The financing contingency protects the buyer if:

  • Loan application is denied
  • Loan terms change significantly
  • Appraisal comes in below purchase price

Buyer must apply for financing within specified days and diligently pursue approval.

Inspection Contingency

Separate from due diligence, inspection contingencies may allow:

  • Negotiation of repairs
  • Price reduction requests
  • Termination for significant defects

Contract Amendments

Changes to the contract after signing require:

Change TypeMethod
Minor changes before acceptanceCounter-offer or amendment
Changes after binding agreementWritten amendment signed by all parties
Extension of deadlinesAmendment to the contract
Price changesAmendment with new terms

When the Contract Becomes Binding

A Georgia purchase contract becomes binding when:

  1. All parties have signed
  2. Acceptance is communicated to the other party
  3. Delivery of acceptance is completed

Note: Georgia follows the "mailbox rule" for acceptance—acceptance is effective when sent/dispatched, not when received.

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Georgia Purchase Contract Timeline
Test Your Knowledge

According to GREC regulations, earnest money must be deposited within how many banking days?

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Test Your Knowledge

What does "time is of the essence" mean in a Georgia real estate contract?

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