Georgia Real Estate Contract: Purchase & Sale Agreement In GA

Are you thinking about jumping into the Georgia real estate market? That's exciting! Whether your game plan involves flipping houses or wholesaling properties across Georgia, one thing is certain: understanding a Georgia real estate contract is essential to your success. Yes, having enough capital and a great strategy is important, but these contracts are the foundation of every transaction in the real estate world. By getting to grips with how these documents work, you can smooth out the process of closing deals and even swing terms to your advantage.

And here's the kicker—you don't need to sit through countless Georgia real estate classes online to get the hang of this. In this article, we're going to walk you through everything you need to know about Georgia real estate contracts, starting with the following:

• What Is A Georgia Real Estate Contract?
• Types Of Georgia Real Estate Contracts
• The 3 Essential Parts Of Georgia Real Estate Contracts
• Download Georgia Real Estate Contract PDFs
• What Disclosures Are Required In A Georgia Real Estate Contract?
• Georgia Real Estate Contracts: FAQs

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What Is A Georgia Real Estate Contract?

A Georgia real estate contract is a legal document that serves as the foundation for all types of real estate transactions in Georgia. It is worth noting, however, that the term “Georgia real estate contract” typically refers to what’s known as a purchase and sale agreement.

So, what exactly is a purchase and sale agreement? As the name implies, it's a legally binding contract between a property buyer and seller. Sometimes known as the sale and purchase contract, it lays out both parties' mutual rights, obligations, and duties.

Although it primarily revolves around two parties, the purchase and sale agreement is usually drafted by a third party, commonly a real estate attorney. Sometimes, real estate agents or Realtors may handle the drafting.

However, regardless of who prepares it or the specifics of the transaction, it must contain the following elements to hold legal weight:

• Party Identification: A purchase and sale agreement must clearly spell out both parties' full legal names and contact information. It should also include agent or investor details where applicable. This information validates and legally binds the contract terms and conditions and creates a clear trail of parties involved in the transaction. This documentation proves invaluable for legal and administrative needs that may arise in the future.
• Description Of Property: A purchase and sale agreement in Georgia must detail the legal description of the property, including the exact address and physical property details like square footage. These details prove it’s real, and if the buyer is using a loan, they provide lenders with the information they need to assess the property's value.
• Purchase Price: A sale and purchase contract should also outline the price agreed upon by the seller and the buyer.
• Payment Terms: The Georgia real estate purchase agreement must also outline the agreed-upon payment process; this is important as buyers use different approaches. For example, cash buyer investors mostly pay the full amount upfront in cash, while regular home buyers tend to deposit a down payment and secure a mortgage for the balance. Others negotiate installment payments. Detailing the payment terms in the agreement prevents disputes and ensures clarity for all parties involved.
• Closing Date: For a purchase agreement to be valid in Georgia, it must include closing terms, including the closing date and associated costs. Additionally, the contract should outline any agreed-upon conditions that could delay the closing date and specify how they'll be addressed. Including these details provides a framework for resolving any potential issues that may arise before the closing date.
• Conditions Of Sale: The contract must also establish conditions that must be met for the sale to proceed. For instance, in some transactions, a buyer must first sell their property for the sale to proceed.
• Representations & Warranties: This element of a real estate sales contract entails assurances made by the seller regarding the property's conditions and status. It allows buyers to address any issues that may arise post-purchase. For example, if the seller declares the property's title is clear, but the buyer discovers encumbrances later on, they can use the representations and warranties to pursue legal action. However, these assurances have an expiration date; this means that buyers must take legal action immediately when they notice discrepancies.
• Closing Costs: The agreement must also discuss the various fees and expenses involved in finalizing the sale, including title insurance and transfer fees, home inspection fees, property taxes, escrow fees, and realtor or attorney fees. It should also define who's responsible for what to prevent disputes and ensure a smooth closing process.
• Contingencies: Legally binding PSAs (purchase and sale agreements) in Georgia should also detail the conditions that must be met for the sale to be complete. These usually include inspection and financing terms.
• Signatures: Finally, parties to a purchase and sale transaction in Georgia must sign the agreement for it to be legally binding. Their signatures often prove they agree to the contract's terms.

Read Also: Subject To Real Estate: 10-Step Guide, Checklist, & Contract PDFs

Types Of Georgia Real Estate Contracts

As noted, real estate contracts in Georgia run a wide gamut. Nonetheless, there are six primary Georgia real estate contracts investors, buyers, and sellers are going to encounter on a regular basis:

• Purchase & Sale Agreement: This contract enforces the terms of a property sale between the seller and the buyer. It may involve a third party but generally specifies terms like the sale price, buyer and seller responsibilities, contingencies, and disclosures.
• Real Estate Assignment Contract: Is wholesaling real estate legal in Georgia? It is, thanks to this type of Georgia real estate contract. Often referred to as an assignment contract, this type of agreement makes wholesaling possible. It awards the assignor (the wholesaler) the freedom to transfer their equitable right and obligations to another party (the end buyer). Usually, the assigner must first sign a purchase contract with a property owner, gaining exclusive rights to buy the property. They then enter into a second contract, the assignment agreement, with the assignee agreeing to transfer their equitable rights and obligations to them in exchange for an assignment fee.
• Lease Agreement: As the name suggests, this Georgia contract is a legally binding leasing agreement between landlords and tenants. It features lease stipulations, including the duration, the tenants' obligations, and the landlord's responsibilities.
• Power Of Attorney: A POA is a Georgia contract often drafted by a professional attorney granting one individual the authority to oversee the legal affairs of another. While POAs aren't exclusive to real estate, they allow real estate investors to delegate decision-making rights to others when they cannot act themselves. For example, a wholesaling investor might use a POA to confer their portfolio management rights to another investor while they travel for business; this allows for efficient management of their portfolio by ensuring important decisions are made even in the investor's absence.
• Joint Venture Agreement: This type of contract is often signed by two or more parties collaborating on a business venture. In Georgia's real estate, a JV allows investors to jointly develop, own, or manage real estate investments. It defines the purpose and objectives of the joint venture, contributions each party will make, and profit and loss allocation; this ensures no one party is swamped with responsibilities and simultaneously provides a basis for resolving disputes that may arise during the joint venture.
• Listing Agreement: This is a legal contract between a property owner and a real estate agent. It grants the agent/realtor exclusive listing rights of the property, specifies how long they'll represent the property owner in the sale, and outlines the responsibilities of both parties.

The 3 Essential Parts Of Georgia Real Estate Contracts

Every Georgia real estate contract, be it a purchase and sale agreement, a joint venture contract, or a listing agreement, must encompass the following four components:

• Legal Capacity Of Parties: For a real estate contract to be valid and legally enforceable in Georgia, the parties involved must be at least 18 years of age and have a sound mind. If they're below 18, they must be officially recognized as emancipated minors, meaning they're legally allowed to act on their behalf due to their military service, parent divorce, or marriage. Failure to meet these legal capacities renders the contract voidable.
• Mutual Consent: A real estate contract in Georgia is only legally binding when there's mutual consent, that is, if all participating parties freely consent to its terms. This mutual agreement ensures the contract reflects the genuine intentions and interests of all parties involved and proves that they've entered into the contract without any coercion or manipulation.
• Consideration (Exchange of Value): A contract must feature something of value exchanged between the parties involved. Most real estate contracts in Georgia typically feature money in exchange for properties as the consideration.

Download Georgia Real Estate Contract PDFs

Whether you specialize in Georgia foreclosures and wholesale distressed properties or are a short-term rental investor in Georgia, you're bound to encounter real estate contracts. Given that they're inescapable, mastering them is essential for navigating real estate deals with confidence and ease. Fortunately, you don't have to tackle them alone.

Our real estate education programs are designed to equip you with the knowledge and skills necessary to create and leverage real estate contracts. And to prove our commitment to your mastery of contracts and professional development, here are two free real estate contract PDFs that you can download and customize to fit your real estate deals in Georgia:

• Real Estate Purchase & Sale Agreement
• Wholesale Real Estate Assignment Contract

What Disclosures Are Required In A Georgia Real Estate Contract?

While disclosures are mandatory in most states, Georgia operates under the principle of "let the buyer beware” or “caveat emptor.” That means sellers aren't obligated to fill out disclosure forms or declare property defects to buyers.

Instead, the buyer is responsible for conducting due diligence, often through professional inspections, to uncover defects before purchasing a property. Nonetheless, it's prudent for sellers to fill out disclosure forms to mitigate potential legal liabilities or fraud.

That said, here are some disclosures we highly recommend you include in Georgia real estate contracts:

• Seller’s property disclosure statement: Although it is not necessary, we recommend filling out the property disclosure statement form, which reveals everything a buyer needs to know about the property. Being honest with the buyer through disclosure contract forms can help build trust and goodwill, setting the stage for smooth-sailing transactions.
• Lead-based paint hazards: This disclosure often applies to properties built before 1978. Note that it’s a Federal disclosure requirement. Consequently, although Georgia's “buyer beware" status frees you from having to fill disclosures, you must include a lead-based paint disclosure in your real estate contracts when wholesaling or flipping old properties to avoid related lawsuits.

Georgia Real Estate Contracts: FAQs

Georgia real estate contracts vary widely depending on the transactions. However, they commonly evoke the following questions:

What is a Georgia residential purchase agreement?

Also known as a home purchase agreement, the Georgia residential purchase agreement is a legally binding document integral in residential property transactions. It's primarily used in the sale of single-family homes, condos, townhouses, and other housing units that qualify as residential.

It features party identification, property disclosure statements, and contingencies that can make the agreement null and void if not met within a certain timeframe. The Georgia Real Estate Commission offers an official residential purchase and sale agreement template, providing a standardized framework that can be customized to meet the specific needs of individual residential property transactions.

How many different types of real estate purchase contracts are available in Georgia?

Georgia offers a wide array of real estate purchase contracts, ranging from standard purchase and sale agreements to wholesale assignment contracts. They vary depending on the transaction and circumstance.

Can a seller terminate a real estate contract in Georgia?

Yes, a seller can terminate a real estate contract in Georgia. However, their ability to do so without consequences, such as earnest money loss or a lawsuit, depends on contingencies specified in the contract. Besides contingencies, sellers can back out of a contract if it's yet to be signed if the buyer fails to adhere to the contract terms, or if the agreement is still within the five-day attorney review period (this review period must be clearly spelled out in the contract as it isn't automatic in Georgia).

Can a buyer back out of a real estate contract in Georgia?

Yes. Like sellers, real estate buyers in Georgia can back out of a contract based on contingencies. Additionally, Georgia REI contracts often feature a due diligence period during which buyers are free to withdraw from a contract for any possible reason. The length of this period varies depending on the nature of the contract, but it often runs between one and two weeks.

Is Georgia a buyer-beware state?

Yes, Georgia is a buyer-beware state. That means buyers cannot sue sellers for failing to disclose property defects that could have been discovered through an inspection. Therefore, it's often up to Georgia buyers to ensure they enlist a professional inspection prior to signing the purchase agreement.

Are Georgia real estate contracts assignable?

Georgia real estate contracts are indeed assignable except for when the contract clearly prohibits assignment.

Read Also: What Is An Assignment Of Contract In Real Estate?

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Georgia Real Estate Contract: Final Thoughts

On the surface, a Georgia real estate contract can seem intimidating and confusing. However, they’re quite easy to navigate once you understand the key elements, components, and disclosures they contain. Thankfully, our guide above covers these exhaustively, arming you with the knowledge you need to confidently handle any contract that comes your way as you invest in Georgia's real estate. However, note that there’s more to real estate investing than just contracts.  

Ready to Take the Next Step in Real Estate Investing? Join our FREE live webinar and discover the proven strategies to build lasting wealth through real estate.

Whether you're just getting started or ready to scale, we'll show you how to take action today. Don't miss this opportunity to learn the insider tips and tools that have helped thousands of investors succeed! Seats are limited—Reserve Your Spot Now!

*Disclosure: Real Estate Skills is not a law firm, and the information contained here does not constitute legal advice. You should consult with an attorney before making any legal conclusions. The information presented here is educational in nature. All investments involve risks, and the past performance of an investment, industry, sector, and/or market does not guarantee future returns or results. Investors are responsible for any investment decision they make. Such decisions should be based on an evaluation of their financial situation, investment objectives, risk tolerance, and liquidity needs.