Georgia Real Estate Contract Guide
Georgia uses GAR (Georgia Association of Realtors) forms as the standard for residential transactions. With a unique due diligence period that functions as a broad buyer protection, specific earnest money timing requirements, and a rapidly growing market centered around metro Atlanta, GA contracts have their own distinct rules.
GAR Standard Forms
Georgia Association of Realtors (GAR) forms are the industry standard. These forms are regularly updated and are the most widely used in the state. RE Forms (used primarily in the Atlanta metro) are another common option.
GAR Purchase and Sale Agreement (F20)
The standard residential purchase contract. Includes provisions for due diligence period, financing contingency, and a detailed section on property conditions and disclosures.
GAR New Construction Purchase and Sale Agreement (F23)
Used for new construction purchases. Addresses builder warranties, construction timelines, and specifications.
GAR Counter Offer (F52)
Standard counter-offer form. Allows either party to modify terms from the original offer.
GAR Amendment to Purchase and Sale Agreement (F54)
Used to modify the contract after acceptance. Common for extending deadlines, adjusting price, or changing repair terms.
GAR Exhibit of Stipulations (F55)
Allows additional terms to be attached to the contract. Used for special conditions not covered in the standard form.
GA Deadline Rules
Georgia counts deadlines in calendar days unless specifically stated otherwise. The due diligence period and earnest money deposit have strict timing requirements that agents must track carefully.
Calendar days from binding agreement date
Most deadlines run from the binding agreement date (the date the last party signs and delivers acceptance). Day 1 is the day after the binding agreement date.
Due diligence period
Typically 7–14 calendar days. During this period, the buyer can terminate for ANY reason. The length is negotiable and is a key competitive factor in multiple-offer situations.
Earnest money deposit timing
The initial earnest money must be deposited within 5 banking days of the binding agreement date. Late deposit is a default and the seller can terminate.
Financing contingency deadline
Usually 21–30 calendar days. Buyer must notify seller if financing is denied. If buyer doesn't obtain financing by the deadline and doesn't notify, they may lose their earnest money.
Closing date
Georgia contracts specify a closing date that is generally treated as a firm deadline. Either party can send a notice requiring the other to close, typically with 7 days notice.
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GA Contingency Rules
Georgia's due diligence period is the buyer's primary protection mechanism. Unlike states with separate inspection and financing contingencies, the due diligence period covers everything.
Due Diligence Period
The buyer's most important protection. During this period (typically 7–14 days), the buyer can terminate for any reason — inspections, financing concerns, appraisal worries, or simply cold feet. Earnest money is returned if buyer terminates during this window.
Financing Contingency
Separate from due diligence. Protects the buyer if they cannot obtain a loan commitment by the specified deadline. Buyer must provide written notice of loan denial. If the buyer's loan is denied after the financing deadline, they may still have protection under the financing contingency if properly exercised.
Appraisal Contingency
Often included as an additional stipulation. If the property doesn't appraise at the purchase price, the buyer can negotiate or terminate. Not included in the standard GAR form by default — must be added.
Title Contingency
Built into the GAR contract. Seller must provide marketable title. Buyer has the right to object to title exceptions and the seller has an opportunity to cure defects.
Repair Contingency
The GAR form includes provisions for requesting repairs based on inspection findings. Typically negotiated with a repair limit amount.
For a complete overview of how contingencies work, see our guide: Real Estate Contract Contingencies Explained.
GA Disclosure Requirements
Georgia requires sellers to complete a state-mandated disclosure form and has additional requirements for specific property conditions and environmental hazards.
Seller's Property Disclosure Statement
Required by Georgia law (O.C.G.A. § 44-1-16). Covers structural conditions, water intrusion, environmental hazards, systems condition, and known defects.
Lead-Based Paint Disclosure
Federal requirement for homes built before 1978. Must be provided before the buyer makes an offer.
Community Association Disclosure (if applicable)
Required if the property is in an HOA. Must provide governing documents, financials, and current assessments.
Flood Zone Disclosure
Sellers must disclose if the property is in a FEMA-designated flood zone. Particularly relevant in coastal Georgia and areas near rivers.
Stigmatized Property
Georgia does not require disclosure of murders, suicides, or other stigmatizing events that occurred on the property. Agents are also not required to disclose.
Septic/Well Disclosure
Common in rural Georgia. Sellers must disclose the type of waste disposal system and any known issues.
GA Earnest Money Rules
Georgia has strict rules about earnest money timing and handling. The GAR contract specifies clear deadlines that agents must follow carefully.
Typical amount
Usually 1% to 2% of the purchase price in the Atlanta metro area. Higher amounts strengthen an offer in competitive situations.
5 banking days to deposit
Earnest money must be deposited within 5 banking days of the binding agreement date. This is a strict deadline — late deposit is a contract default.
Held by broker or closing attorney
In Georgia, earnest money is typically held by the listing broker or a closing attorney. Georgia uses closing attorneys rather than title companies for closings.
Due diligence termination
If the buyer terminates during the due diligence period, all earnest money is returned. After the due diligence period, earnest money may be at risk depending on the reason for termination.
Dispute procedures
Georgia law requires that disputed earnest money be held by the escrow agent until both parties agree to disbursement, or a court orders release. The broker cannot unilaterally release disputed funds.
Learn more about common pitfalls: Earnest Money Clause Mistakes (And How to Fix Them Fast).
Georgia-Specific Rules
Georgia's real estate process has unique characteristics, particularly around the closing process and the role of attorneys.
Attorney-closing state
Georgia requires an attorney to be involved in the closing process. The closing attorney conducts the title search, prepares closing documents, and supervises the closing. This is different from states where title companies handle closings.
Due diligence replaces inspection contingency
In Georgia, the due diligence period effectively serves as the inspection contingency, financing contingency, and appraisal contingency all in one. Buyers should schedule all inspections and verify financing during this window.
Intangible tax on mortgages
Georgia charges an intangible tax of $1.50 per $500 (0.3%) on new mortgages. This is a significant closing cost for buyers that doesn't exist in most other states.
Transfer tax
Georgia imposes a real estate transfer tax of $1.00 per $1,000 of the sale price. Typically paid by the seller but can be negotiated.
Fast-growing market considerations
Metro Atlanta is one of the fastest-growing real estate markets in the country. Multiple offers are common, and buyers are increasingly shortening due diligence periods and increasing earnest money to compete. Understanding the standard terms helps agents advise clients on what to give up and what to protect.
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