The 2026 Georgia (GAR) Purchase & Sale Agreement: 9 Critical Changes Every Agent Must Understand
- CCK
- Dec 8
- 4 min read
Updated: 2 days ago
The 2026 GAR Forms are here for training and will be live for user January 1, 2026. Changes to the Purchase & Sale Agreements (P&S) impact nearly every transaction you’ll write in the coming year. These revisions tighten definitions, clarify responsibilities, and close loopholes that have caused misunderstandings between Buyers, Sellers, and Brokers.
Below is your practical, real-world breakdown of the most important changes—and how to adapt your workflow immediately so your January contracts don’t stumble right out of the gate.
🔵 1. Warranty: Encroachments & Easements [B.1.a.]
GAR expanded this section to address items that may cross over or into easements. Walls, fences, mailboxes and walkways were added to driveways as things that might encroach into general utility, sewer and drainage easements.
👉 What this means for you:
This paragraph is the limit of what the Seller is promising. If the Buyer wants to do something specific to the property, like add a fence, it is the Buyer's duty to confirm allowable conditions during:
Due Diligence, or
A specific contingency (e.g., survey)
🔵 2. Right to Extend Closing: Buyer and Seller Rights Are Now Separate [B.4.a.]
This is one of the most impactful changes.
The form now clarifies:
Buyer may extend for lender or attorney issues
Seller may extend for title or attorney issues
And only ONE attorney extension is allowed in total
The “8:00 p.m.” deadline is gone - it was misused and misunderstood too frequently in 2025.
👉 What this means for you:
The forms now allow one for each of the reasons for extension to be used one time. Remember that the Buyer and Seller can always agree to extend by agreement. This is only what each side can do unilaterally.
🔵 3. Earnest Money: U.S. Financial Institution [B.6.]
Earnest Money provisions were tightened to reduce ambiguity. Checks and ACH transfers must come from a U.S. financial institution. The reasoning? Foreign payments may be dishonored on a must longer timeline so the payments are less certain further into the transaction.
👉 What this means for you:
Make sure Buyers transferring internationally understand the requirement.
🔵 4. Agency Duties: No Fiduciary Duty (Reminder) [B.10]
The P&S Agreement now explicitly references that a GA real estate licensee does not owe a fiduciary duty to clients, reinforcing BRRETA and the 2025 Code of Ethics change.
👉 What this means for you:
This helps reduce misunderstandings about real estate duties in Georgia and hopefully stops agents from referring to their fiduciary duty in Georgia..
🔵 5. Disclaimer: Expanded Protection for Brokers and Agents [B.10.c.]
GAR continue to reorganize and broaden this section to cover continue to cover everything a real estate IS NOT.
👉 What this means for you:
If you’ve ever had a client ask, “Do you think that’s mold?”or "Will I have to pay taxes on this sale" —this protects you as long as you stay in their lane. Continue redirecting questions to licensed inspectors and professionals.
🔵 6. Notice: One Small Letter, One Big Change [C.1.]
The change from “notice” to “Notice”— is significant because it shows that it is a defined term with a specific meaning and delivery standard.
👉 What this means for you:
If you are not using the form’s defined Notice delivery method (in writing, signed by the party [Buyer or Seller] giving Notice, sent to a correct email for Notice), your Notice may not count.
🔵 7. Entire Agreement: If It’s Not in GAR Purchase & Sale, It’s Not Part of the Agreement [C.4.f.]
This section is more explicit. If it is not IN the Agreement, it is not PART OF the Agreement. That includes:
Things people “say”
Things in emails or texts
Remarks in the MLS
Marketing materials
👉 What this means for you:
If a client says, “The MLS said they’d leave the washer and dryer,” your answer is:
“We will make sure it is in the Agreement.”
🔵 8. Clean Condition: Clearer Expectations + New Clarifications [C.4.o.]
GAR clarified:
“Clean Condition”
How items must be “identified” in the Agreement
Odd but important issues—like leftover firewood—that have been points of dispute
👉 What this means for you:
If you want something removed, say it.
If you want something to stay, say it.
The fixture checklist is your guide to what the Seller already agreed to leave. Everything else must go.
🔵 9. F228 New Construction Purchase and Sale Agreement
Construction deposits are now part of the liquidated damages for the Seller, in addition to the Earnest Money, if the Buyer default.
👉 What this means for you:
This may not mean must since many Builders do not use the GAR contract forms. Make sure your Buyer knows what they rights and responsibilities are in the contract they are signing.
⭐ How Agents Should Prepare for January Contracts
Review your Notice delivery practices.
Confirm the source of Buyer funds for Earnest Money and Closing with your Buyer.
Suggest more due diligence inspections, not fewer.
Follow the Tuesday breakdowns throughout December & January for each category.
These changes are designed to reduce ambiguity—but they only help you if you know how to use them.
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