2026 GAR Contract - Most Asked Questions

I got great questions in the 2026 contract classes and want to make sure everyone can hear the questions - and my answers.

Purchase and Sale Questions

I took a class and they said the Unilateral Right to Extend use is "One and Done," but I also heard that changed. What is correct?

The Seller can extend one time and the Buyer can extend one time. Only one of them can extend for the Closing Attorney delay. Only the Buyer can extend for a lender delay Only the Seller can extend for a title delay.

Expect confusion because this is a big change, requires a careful reading of Section B.4.a., and was taught incorrectly by multiple instructors.

Further confirmation of this change is also on the GAR website in Seth Weissman's article regarding all of the 2026 contract changes - LINK.

Do we need to amend the contract if the Earnest Money is turned in late?

No.

The contract lays out a clear process for Earnest Money delivery issues in B.6. of the Purchase and Sale Agreement:

1. Holder gives Notice (requirements of Notice are in Section C.1.)

2. The Buyer is in Default

3. The Buyer has 3 Banking Days (as defined in the Agreement) to cure the Default.

4. If the Buyer does not cure, the Seller has the right to terminate due to the Buyer's Default. That right only lasts for 7 Days.

5. If the Seller does not terminate during their 7-Day right to do so, they have waived their right.

Nothing in this requires an amendment to change the due date if the Buyer does cure their Default. If your Broker says that you need to, you can ask them why or just do it - whichever you prefer.

What is the definition of "clean" in the contract?

There are things that contracts just cannot nail down without creating more issues than it solves. The cure would be worse than the disease. If one party, or both, cannot act reasonably, there is nothing we can do in a contract to make them be reasonable. The requirement that the property be delivered in "clean condition, free of trash, garbage, debris, construction materials, pets, personal property . . .", etc is one of these situations.

The Agents are usually more attuned to what basic expectations should be. If an Agent feels their Buyer's expectation may be too high or the Seller's efforts may be too small, they should try to guide, correct and lessen the impact on the deal. Suggest professional cleaning for picky Buyers. Suggest outside help for junk removal or cleaning for less diligent Sellers.

We added construction materials for 2026 which got rave reviews in the classes. This is also something that may be debatable. It will also work best when everyone is reasonable and the same suggestions hold true.

Disclosure Questions

I know this is not about the change, but I really want to know why the age of the HVAC was removed and can GAR put it back in?

I think I get this question at almost every contract class every year since it was removed. I also get it as a comment on any vaguely related post.

HVACs are not a single thing the way that hot water heaters are. They are a system with multiple things which each have their date. There is not 1 date that can be listed in a disclosure.

The follow up question / response: If there is not one date, can we add a whole section in which the Seller provides a narrative description of everything related to the HVAC? (1) This disclosure form is not a legally required document. The harder we make the form to fill out, the more Sellers may push back and decide to just use the easier Latent Defect Disclosure. The Buyer then loses all of the valuable information that would have otherwise received. (2) Sellers can certainly provide all of the details and Buyers can always ask for more details during their Due Diligence period.

Wait, I am the Buyer's Agent and I have to send information to the Seller (I have never met) about Lead Based Paint?

Yes and it has been a requirement since 2024. I have already written articles, made posts and detailed the requirements in a prior newsletter. Time for everyone to get with the program. We can all agree that tying health and safety to compensation is evidence of a political agenda for a department that is supposed to be protecting people. We all also have to agree that this opinion does not mean we can ignore the requirement and risk a brokerage investigation and substantial fines.

What happens if a contract does not have a Community Association Disclosure (CAD) but the property is part of a mandatory association?

Welcome to the wild west. There is no agreement as to who will pay what and the parties may be negotiating this in the days and hours before Closing. If they cannot agree, it may be a real legal question as to who defaulted.

Brokerage Agreements

Why are there all of these options in the Seller Brokerage Engagement Agreements if you are also saying my MLS requirements limit what I can do?

There are not FMLS forms, GaMLS forms, etc. They are GAR forms. The forms allow for everything allowed under license law and the REALTOR®️ Code of Ethics. They say that all of it is subject to what is allowed for each MLS. All of the MLSs throughout the state have different options and rules. Every Agent should know their rules. Every Broker should help their Agents know and understand their rules.

Is it only the Seller's Broker who will be fined if there is a showing or contract why the property is Coming Soon?

No. The MLS can and has fined both the Seller Broker and Buyer Broker. Brokerage policies and procedure often specify that the brokerage does not cover these fines - the Agent pays these.

Does the timeline to enter the listing into the MLS run from the Marketing Commencement Date?

No. Every MLS rule I have reviewed start the entry date from the date a brokerage agreement is signed by the Seller and Broker. How it can be entered depends upon the options provided by the MLS.

Why was the Exclusive Co-Listing Seller Brokerage Engagement Agreement Created?

Participation in the forms committee meeting (and all other GAR committee meetings) includes a confidentiality agreement. There is no requirement to use the form and every Agent should speak with their Broker prior to entering into this brokerage agreement. Brokers should consider adopting policies requiring that discussion first. Many of the potential uses for this form are better handled with a referral agreement.

Why does the Exclusive Co-Listing Seller Brokerage Engagement Agreement give an option for more than one Agent to put the listing into the MLS?

It is correct that most or all MLSs will not allow more than one brokerage to enter the property into their system. The option is allowed only because the two brokerages may participate in different MLSs.

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Stay Smart,

Cheryl Conner King

Founder & Instructor

REALsmart Real Estate School

Attorney | REALTOR® | CE Instructor

📍 Based in Georgia | Teaching Statewide