Georgia Real Estate Market Stats & Contract Tips June 2026 | GAR Forms from a Georgia Transaction Coordinator

Each year our Georgia transaction coordinator team supports hundreds of Georgia real estate contracts from start to finish. That volume gives us unique insight into market trends, contract pitfalls, and financing challenges. In every newsletter, we share those insights so you can anticipate issues, save time, and deliver a smoother experience for your clients.

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GAR Form of the Month: June GAR Form Changes-Don't Forget About Notice

One of the June GAR form revisions didn't change how most transactions are handled day to day, but it did provide an important clarification regarding Notice and the disbursement of earnest money after a contract has been terminated. The revised Purchase and Sale Agreement now specifically states that a broker's authority to receive Notice on behalf of a client includes receiving Notices regarding the disbursement of earnest money after the Agreement has been terminated.

While reviewing this change, it's a good time to revisit something many agents overlook: Notice is capitalized throughout the GAR forms for a reason.

Capitalized Terms Matter

In GAR contracts, capitalized words are defined terms. They have a specific meaning and often come with specific requirements.

Under the Purchase and Sale Agreement, a valid Notice must be:

• In writing

• Legible

• Signed by the party giving the Notice

• Delivered in accordance with the Notice provisions of the contract

Many agents assume that sending a quick email is enough. While email is an approved delivery method, the contract still requires the Notice itself to meet the definition of Notice.

GAR Created a Form for This

GAR Form F816, Notice, was designed specifically for giving formal Notice under the contract.

Using the Notice form helps:

• Provide a clear place for signatures

• Identify the transaction involved

• Create a record of what was communicated

• Reduce disputes over whether proper Notice was given

When a transaction becomes contentious, having used the proper Notice form can make it much easier to demonstrate compliance with the contract.

Why This Matters

The June revision serves as a reminder that Notice obligations don't necessarily end when a contract is terminated. Questions regarding earnest money can continue long after a transaction falls apart, and the broker may still be authorized to receive Notice on behalf of the client for those matters.

It is also worth remembering a few common Notice mistakes:

Notice must be sent to the contact information in the contract.

The Purchase and Sale Agreement provides specific email addresses and other contact information for the parties and their authorized agents. Sending Notice to a different email address, even one regularly used during the transaction, may not satisfy the Notice requirements of the contract.

Notice should be sent to the authorized agent listed in the contract.

Transaction coordinators, assistants, and administrative staff play an important role in keeping transactions moving, but they are generally not the authorized recipients of Notice under the GAR forms.

Unless the contract specifically identifies someone as an authorized agent for Notice purposes, agents should not assume that sending Notice to a transaction coordinator, assistant, or admin is the same as sending Notice to the broker or agent identified in the Purchase and Sale Agreement.

Use the Notice form when giving Notice.

GAR Form F816, Notice, provides a place for signatures and creates a clear record of what was communicated and when. If you're delivering something that could affect contractual rights, deadlines, earnest money, or termination, using the Notice form is a best practice.

The safest approach is simple: use the Notice form, send it to the email address identified in the contract, and make sure the authorized agent receives it.

This content is provided for informational purposes only and is not legal advice. Always consult with your managing broker and/or real estate attorney regarding the use of GAR forms and how they apply to your specific transaction.

SS 620 BUYER REQUESTS SELLER PAY BUYER’S BROKER’S COMPENSATION

For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller agrees to pay Buyer’s Broker at the closing the following compensation: _______________________. This agreement can only be modified with the written agreement of Buyer, Seller and Buyer’s Broker. Buyer’s Broker shall be an express third-party beneficiary of this Agreement to enforce its right to the compensation above. Nothing herein shall be interpreted as a request to alter, modify or change the compensation to be received by Seller’s Broker, if any, that Seller may have agreed to pay Seller’s Broker in any separate written agreement. This special stipulation shall survive the Closing if the compensation is not paid in full at Closing.

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