Georgia Real Estate Market Stats & Contract Tips – September 2025

Each year our TC 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.

GAR Form F255 – Instructions to Closing Attorney (ITCA) Explained

When Georgia agents think about compensation, most look first at the F259 Buyer Brokerage Compensation Agreement. But here’s the catch: F259 only addresses the buyer broker’s compensation. It doesn’t cover the seller broker’s compensation, and it doesn’t always give the attorney what they need.

That’s where GAR Form F255 – Instructions to Closing Attorney (ITCA) comes in. This form gives the closing attorney clear direction on how to disburse compensation to both brokerages. If the F255 isn’t completed correctly, the attorney may not have the authority to disburse funds properly, which can cause frustration and delays at closing.

Common Mistakes on F255

As a transaction coordinator team, we see the same errors on this form over and over:

• Correct amounts, wrong payment source → The numbers match, but the selected payment method doesn’t reflect who is actually paying.

• Signature confusion → Agents either skip required signatures or collect unnecessary ones. The ITCA only requires signatures in certain compensation scenarios, and many agents get this wrong.

• Waiting too long to present the form → If you wait until after inspections or repair negotiations, asking a seller to sign off on paying the buyer broker can inflame an already tense situation.

Compensation Scenarios Covered by F255

1. Buyer Pays Buyer Broker Directly

   • The buyer pays their broker in full.

   • The buyer signs the ITCA.

2. Seller Pays Buyer Broker Directly

   • The seller agrees to pay the buyer’s broker compensation directly

   • The seller signs the ITCA.

3. Seller’s Broker Shares Compensation with Buyer’s Broker

   • The seller pays their listing broker.

   • The listing broker then shares a portion of that compensation with the buyer’s broker.

   • No buyer or seller signatures are needed, because the brokers are directing the attorney.

4. Combination Payment (Seller + Buyer)

   • The seller pays part of the buyer broker’s compensation, and the buyer covers the remainder.

   • Both buyer and seller (and their agents) sign the ITCA.

Signature Decision Guide for F255

Here’s a quick reference chart agents can use:

Compensation Method	Who Signs the ITCA?
Buyer pays buyer’s broker entirely	Buyer + agents
Seller pays buyer’s broker directly	Seller + agents
Seller broker shares compensation with buyer’s broker	Agents only
Seller + Buyer split buyer broker compensation	Everybody

Why Timing Matters: Get It Signed Early

One of our agents recently changed their practice to get the ITCA signed at the time of the offer. It turned out to be a smart move. In this case, the seller initially agreed to pay the buyer broker directly. Later, after inspection and repair requests, the seller became hostile about costs and resisted signing.

👉 Best practice: Get the ITCA signed with the offer or definitely before inspection negotiations. No one wants to ask for a signature when the seller already feels like they’re losing money.

Don’t Overlook Page Two of the ITCA

The ITCA isn’t just for commissions. If either broker is paying for a home warranty or another expense on behalf of their client, that deduction should be listed on page two. This ensures the closing attorney has clear authority to disburse those funds correctly.

TC Tip: Double-Check Payment Sources

Before sending the ITCA to closing, make sure:

• The amounts match the agreements.

• The payment source (buyer, seller, or broker) is correct.

• Only the required signatures are collected.

  
  

GAR Form F255 (ITCA) is more than a piece of paperwork — it’s the roadmap the closing attorney follows to disburse compensation correctly. By choosing the right payment method, getting signatures when required (and not when they’re not), and securing the form early in the process, you’ll protect your deal and keep closing day smooth.

SS 326 TERMITES, GUARANTY PROVIDED BY SELLER

Not later than at the closing, Seller shall provide Buyer, at Seller’s sole expense, with a termite guaranty against subterranean termite damage covering all dwellings and garages on the Property for a term of at least one (1) year from the date of closing. The guaranty shall be issued by a licensed Georgia pest control operator, shall be subject to the issuing company’s standard

deductibles and conditions and shall cover all dwellings and garages on the Property for a term of at least one (1) year from the date of closing. The guaranty shall either:

[Select one. Any box not check shall not be a part of this Agreement.]

[ ] be limited to retreating the Property against subterranean termites; or

[ ] cover both the retreatment and the repair of any damage to the Property caused from subterranean termite damage.

In addition, Seller shall provide Buyer, within three (3) days of the Binding Agreement Date, with a copy of any Georgia Wood Infestation Report which may have been obtained by Seller within 12 months of the Binding Agreement Date.

Monday,  October 13,  2025

Columbus Day

Tuesday  November 11,  2025

Veterans Day

Thursday  November 27,  2025

Thanksgiving Day

Friday November 28, 2025

Black Friday (most attorneys are closed)

Stay Ahead in Georgia Real Estate

Each month, we break down GAR forms, market stats, and contract trends to help agents avoid common pitfalls and deliver smoother closings.

• 📖 Missed a past issue? Browse our Newsletter Archive.

• 📝 Want a refresher on GAR Form F259? Read the breakdown here.

• 📂 Looking for a full overview of our services? Here's our Georgia Transaction Coordinator Brochure.

👉 Bookmark this blog — we’ll be back next month with more practical insights from the contracts we process every day.