Post on 03-Feb-2021
Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 1 of 13, 01/01/21
2021 GAR Forms Changes
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The following pages will list the changes to the forms in the entire GAR Form Library.Paragraph numbers on the left, are the original numbers of the ¶’s in the previous years’ (2020) form.
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CB01 The ABC’s of Agency*** Added new language in introduction paragraph*** Real Estate Brokerage Generally – removed “a responsible or”(b) Buyer Agency/Tenant Agency – added in “engagement” after “brokerage” when applicable(c) Designated Agency – corrected “denied” to “defined” in two instances(e) Subagency – language slightly modified
CB04 Lead-Based Paint Pamphlet*** Updated to most current version
CB10 Protect Yourself When Selling a House *** New section – Property marketing & coming soon*** New section – Capturing and sharing media
CB13 Protect Yourself When Buying a Home *** Retitled to “Protect Yourself When Buying Real Property”*** Changed “Homebuyer” to “Buyer”*** Have the home inspected for termites… – added language about prevention*** Thoroughly investigate the property – moved section towards beginning of brochure; added language regarding
latent defects and checking for other concerns; corrected title of Lead Based Paint pamphlet
CB28 What Buyers & Sellers Need to Know About Short Sales & Distressed Property*** Updated broker references
F101 Exclusive Seller Listing Agreement *** Retitled to “Exclusive Seller Brokerage Engagement Agreement”¶A(1) New section title: Exclusive Seller Brokerage Engagement Agreement; modified language¶A(2) New section title: List Price and Listing Period; modified language¶A(3) Negotiation – section moved to ¶A8; subsequent ¶s renumbered¶A(5) Commission – now ¶A4; added language to (a) and removed “of Property” from (b); new sections (c) and (d)¶A(8) Independent Contractor Agreement – moved to ¶C6 Miscellaneous¶A(9) Agency and Brokerage – now ¶A6; added additional language regarding dual agency¶A(10) New Section title: Seller Has the Following Special Circumstances That Will Require Third-Party Approval Before
Seller Can do the Following; now ¶A7; subsection (a) retitled List the Property for Sale; subsection (b) retitledContract to Sell the Property
¶B(1) New section title: Exclusive Seller Brokerage Engagement Agreement; modified language¶B(2) New section title: List Price and Listing Period;
New subsection (a) List Price; subsequent subsections renumberedSubsection (a) now subsection (b) – renamed Initial Listing Period When Property Is Under Contract to Sell –modified languageSubsection (b) now subsection (c) – language modified
¶B(3) Broker’s Duties to Seller – moved to ¶C7(a); slight language changes¶B(4) Negotiations – moved to ¶C7(b); slight language changes; new subsection (5)¶B(5) Marketing – now ¶B(3); subsection (a) – added language regarding buyers and other brokers taking photos of listing;
subsection (b) – added language regarding Marketing Commencement Date; subsection (d) – added “prospective buyers”
¶B(6) Commission – now ¶B(4); titled subsection to Obligation to Pay Commission – modified language; moved language regarding seller’s immediate payment of broker commission to ¶C8(c); subsection (c) now subsection (b) titled Sharing of Broker’s Commission with Cooperating Broker – language modified; subsection (c) moved to ¶C6;subsection (d) restated in updated language of ¶B(1)
¶B(7) Protected Period – Now ¶B(5) – section re-written¶B(8) Independent Contractor Relationship – moved to ¶C(6)(i) Miscellaneous
FOR
New Section title:
FOR
New Section title: Seller Can do the Following
FOR
Seller Can do the Following
FOR
Contract to Sell the Property
FOR
Contract to Sell the Property
FOR New section title:
FOR New section title: Exclusive Seller Brokerage Engagement Agreement
FOR Exclusive Seller Brokerage Engagement Agreement
FOR New section title:
FOR New section title: List Price and Listing Period
FOR List Price and Listing Period
FOR New subsection (a)
FOR New subsection (a) List Price
FOR List PriceSubsect
FOR Subsection (a) now subsection (b)
FOR ion (a) now subsection (b) modified
FOR modified language
FOR language
Subsection (b) now subsection (c)
FOR
Subsection (b) now subsection (c) ¶ FO
R ¶B(3) FO
R B(3) Broker’s Duties to SellerFO
R Broker’s Duties to SellerFO
R ¶ FO
R ¶B(4) FO
R B(4) NegotiationsFO
R NegotiationsFO
R ¶ FO
R ¶B(5) FO
R B(5) MarketingFO
R MarketingFO
R subsection (b) FO
R subsection (b) buyers”FO
R buyers”
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added language about prevention
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added language about preventionmoved section towards beginning of brochure; added language regarding
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moved section towards beginning of brochure; added language regarding ; corrected title of Lead Based Paint pamphlet
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; corrected title of Lead Based Paint pamphlet
What Buyers & Sellers Need to Know About Short Sales & Distressed
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What Buyers & Sellers Need to Know About Short Sales & Distressed
Exclusive Seller Listing Agreement
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Exclusive Seller Listing Agreement e Seller Brokerage Engagement Agreement”
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e Seller Brokerage Engagement Agreement”Exclusive Seller Brokerage Engagement Agreement
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Exclusive Seller Brokerage Engagement Agreement
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List Price and Listing Period
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List Price and Listing Period
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section moved to
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section moved to ¶
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¶A
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A8
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8; subsequ
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; subsequ¶
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¶A4; added language to (a) and removed “of Property” from (b); new sections (c) and (d)
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A4; added language to (a) and removed “of Property” from (b); new sections (c) and (d)Independent Contractor AgreementTR
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moved to TRAIN
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now ¶TRAIN
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Seller Has the FollowTRAIN
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Seller Has the FollowTRAIN
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Seller Can do the Following; now TRAIN
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; now TRAIN
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Contract to Sell the PropertyTRAIN
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Contract to Sell the Property
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Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 2 of 13, 01/01/21
F101 Exclusive Seller Listing Agreement (cont.)¶B(9) Agency and Brokerage – now ¶B(6); subsection (a) Broker’s Policy on Agency – modified language; subsection (b)
Dual Agency Disclosure – modified language; subsection (c) Designated Agency Disclosure – slightly modified language; subsection (d) titled “No Other Adverse Relationships” – slightly modified language
*** New ¶B(8) Negotiations¶C(1) Seller Default – now ¶C(8); section re-written¶C(2) Seller’s Property Disclosure Statement – now ¶C(1); added clarifying language¶C(4) Limits on Broker’s Authority and Responsibility – now ¶C(3); subsection (b) – added disclaimer language addressing
flooding; subsection (e) – eliminated; subsection (f) now subsection (e) – replaced “purchase agreement” with “Contract to Sell”; subsection (g) now subsection (f) – slight language updates; subsection (h) now subsection (g) –language modified
¶C(6) Disclosure of Potentially Fraudulent Activities – now ¶C(5); added reference to law code¶C(7) Miscellaneous – now ¶C(6); alphabetized subsections; new Attorney’s Fees subsection; new Broker subsection; new
Entire Agreement subsection; new GAR Forms subsection; “Governing Law” subsection retitled “Governing Law and Interpretation – language modified; “Notices” subsection retitled “Notices between Seller and Broker” – changed “client” to “seller”; new “Survival” subsection; new “Third Party Vendors” subsection
¶C(10) Brochures – language modified *** Signature page – changed brokerage references
F104 Non-Exclusive Seller Listing Agreement *** Retitled to “Non-Exclusive Seller Brokerage Engagement Agreement”¶A(1) New section title: Non-Exclusive Seller Brokerage Engagement Agreement; modified language¶A(2) New section title: List Price and Listing Period; modified language¶A(3) Moved to ¶A(2); subsequent ¶s renumbered¶A(4) Negotiation – section moved to ¶A(8); subsequent ¶s renumbered¶A(6) Commission – now ¶A(4); added language to (a) and removed “of Property” from (b); new sections (c) and (d)¶A(8) Independent Contractor Agreement – moved to ¶C6 Miscellaneous¶A(9) Agency and Brokerage – now ¶A6; added additional language regarding dual agency¶A(10) New Section title: Seller Has the Follow Special Circumstances That Will Require Third-Party Approval Before Seller
Can do the Following; now ¶A7; subsection (a) retitled List the Property for Sale; subsection (b) retitled Contract to Sell the Property
¶B(1) New section title: Exclusive Seller Brokerage Engagement Agreement; modified language¶B(2) New section title: List Price and Listing Period;
New subsection (a) List Price; subsequent subsections renumberedSubsection (a) now subsection (b) – renamed Initial Listing Period When Property Is Under Contract to Sell –modified languageSubsection (b) now subsection (c) – language modified
¶B(3) Broker’s Duties to Seller – moved to ¶C7(a); slight language changes¶B(4) Negotiations – moved to ¶C(7)(b); slight language changes; new subsection (5)¶B(5) Marketing – now ¶B(3); subsection (a) – added language regarding buyers and other brokers taking photos of listing;
subsection (b) – added language regarding Marketing Commencement Date; subsection (d) – added “prospective buyers”
¶B(6) Commission – now ¶B(4); titled subsection to Obligation to Pay Commission – modified language; moved language regarding seller’s immediate payment of broker commission to ¶C8(c); subsection (c) now subsection (b) titled Sharing of Broker’s Commission with Cooperating Broker – language modified; subsection (c) moved to ¶C6; subsection (d) restated in updated language of ¶B(1)
¶B(7) Protected Period – Now ¶B(5) – section re-written¶B(8) Independent Contractor Relationship – moved to ¶C(6)(j) Miscellaneous¶B(9) Agency and Brokerage – now ¶B(6); subsection (a) Broker’s Policy on Agency – modified language; subsection (b)
Dual Agency Disclosure – modified language; subsection (c) Designated Agency Disclosure – slightly modified language; subsection (d) titled “No Other Adverse Relationships” – slightly modified language
*** New ¶B(8) Negotiations¶C(1) Seller Default – now ¶C(8); section re-written¶C(2) Seller’s Property Disclosure Statement – now ¶C(1); added clarifying language¶C(4) Limits on Broker’s Authority and Responsibility – now ¶C(3); subsection (b) – added disclaimer language addressing
flooding; subsection (e) – eliminated; subsection (f) now subsection (e) – replaced “purchase agreement” with “Contract to Sell”; subsection (g) now subsection (f) – slight language updates; subsection (h) now subsection (g) –language modified
¶C(6) Disclosure of Potentially Fraudulent Activities – now ¶C(5); added reference to law code¶C(7) Miscellaneous – now ¶C(6); alphabetized subsections; new Attorney’s Fees subsection; new Broker subsection; new
Entire Agreement subsection; new GAR Forms subsection; “Governing Law” subsection retitled “Governing Law and Interpretation – language modified; “Notices” subsection retitled “Notices between Seller and Broker” – changed “client” to “seller”; new “Survival” subsection; new “Third Party Vendors” subsection
¶C(10) Brochures – language modified *** Signature page – changed brokerage references
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Protected Period
FOR
Protected Period
FOR
FOR
Independent Contractor Relationship
FOR
Independent Contractor Relationship
FOR Agency and Brokerage
FOR Agency and Brokerage
FOR Dual Agency Disclosure
FOR Dual Agency Disclosure language; subsection (d) titled “
FOR language; subsection (d) titled “New
FOR New ¶
FOR ¶B(8)
FOR B(8) Negotiations
FOR Negotiations
FOR Seller Default
FOR Seller Default –
FOR – now
FOR now
FOR C(2)
FOR C(2) Seller’s Property Disclosure Statement
FOR Seller’s Property Disclosure Statement
FOR
C(4)
FOR
C(4) Limits on Broker’s Authority and Responsibility
FOR
Limits on Broker’s Authority and Responsibility
FOR
flooding; subsection (e) FOR
flooding; subsection (e) “Contract to Sell”; subsection (g) now subsection (f) FO
R “Contract to Sell”; subsection (g) now subsection (f) language modifiedFO
R language modified
C(6) FOR
C(6) Disclosure of Potentially Fraudulent ActivitiesFOR
Disclosure of Potentially Fraudulent ActivitiesFOR
MiscellaneousFOR
Miscellaneous
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ING ; modified language
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ING A(4); added language to (a) and removed “of Prope
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A7; subsection (a) retitled
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A7; subsection (a) retitled List the Property for Sale
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List the Property for Sale
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Exclusive Seller Brokerage Engag
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Exclusive Seller Brokerage Engagement Agreement
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ement Agreement
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; subsequent subsections renumbered
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; subsequent subsections renumberedrenamed
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renamed Initial Listing Period When Property Is Under Contract
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Initial Listing Period When Property Is Under Contract
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language modified
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language modified moved to
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moved to ¶C
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¶C7
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7(a)
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(a); slight language changes
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; slight language changes; slight language changes; new subsection (5)
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; slight language changes; new subsection (5)B(3); subsection (a)
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B(3); subsection (a) –
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– added language regarding buyers and other brokers taking photos of listing;
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added language regarding buyers and other brokers taking photos of listing; added language regarding Marketing Commencement Date; subsection (d)
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added language regarding Marketing Commencement Date; subsection (d)
B(4); tit
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B(4); titled subsection to
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led subsection to regarding seller’s immediate payment of broker commission to
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regarding seller’s immediate payment of broker commission to Sharing of Broker’s Commission with Cooperating BrokerTR
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added disclaimer language addressing
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added disclaimer language addressing replaced “purchase agreement” with
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replaced “purchase agreement” with subsection (h) now subsection (g)
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subsection (h) now subsection (g)
; new Attorney’s Fees subsection; new Broker subsection; new
ONLY; new Attorney’s Fees subsection; new Broker subsection; new “Governing Law” subsection retitled “Governing L
ONLY“Governing Law” subsection retitled “Governing Law and
ONLYaw and “Notices” subsection retitled “Notices between Seller and Broker”
ONLY“Notices” subsection retitled “Notices between Seller and Broker” –
ONLY– changed
ONLYchanged
; modified languageONLY
; modified language
Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 3 of 13, 01/01/21
F107 Authorization to Show Unlisted Property ¶6(B) Protected Period – changed updated brokerage agreement reference ¶7 Independent Contractor Relationship – modified language¶15 GAR Forms – modified language*** New ¶16 – Governing Law and Interpretation; subsequent ¶s renumbered*** Correct brokerage agreement reference
F110 Exclusive Buyer Brokerage Agreement *** Retitled to “Exclusive Buyer Brokerage Engagement Agreement”¶A(1) New section title: Exclusive Buyer Brokerage Engagement Agreement; modified language¶A(2) Term – language modified¶A(3) Independent Contractor Relationship – moved to ¶C(7)(i); subsequent ¶s renumbered¶A(4) Agency and Brokerage – now ¶A(3); added additional language regarding dual agency¶A(5) Commission – now ¶A(4); modified language¶A(6) Separate Commission on Lease – now ¶A(5); modified language¶A(7) Protected Period – now ¶A(6); modified language¶B(1) New section title: Exclusive Buyer Brokerage Engagement Agreement; modified language¶B(2) Term – language modified¶B(3) Independent Contractor Relationship – moved to ¶C(7)(i); subsequent ¶s renumbered¶B(4) Agency and Brokerage – now ¶B(3); subsection (a) added title “Broker’s Policy on Agency” – modified language;
subsection (b) Dual Agency Disclosure – modified language; subsection (c) Designated Agency Disclosure – slightly modified language; subsection (d) – slightly modified language
¶B(5) Commission – now ¶B(4); section (a) – language modified; section (b) titled “Seller Normally Pays Commission” –language modified; section (c) – language modified; section (d) moved to ¶C(8) with language modifications
¶B(6) Separate Commission on Lease – now ¶B(5); modified language¶B(7) Protected Period – now ¶B(6); modified language¶C(2) Buyer’s Duties – subsections (d) and (e) slightly modified¶C(3) Fair Housing Disclosure – moved to ¶C(7)(f); added additional language¶C(4) Limits on Broker’s Authority and Responsibility – now ¶C(3); subsection (b) – added disclaimer language addressing
flooding; subsection (f) – language modified ¶C(7) Disclosure of Potentially Fraudulent Activities – now ¶C(6); added reference to law code*** New section Miscellaneous - ¶C(7); new Assignability subsection; new Attorney’s Fees subsection; new Broker
subsection; new Independent Contractor Relationship subsection; new Third Party Vendor subsection¶C(8) Arbitration – moved to ¶C(7)(a)¶C(9) Referrals – moved to ¶C(7)(l)¶C(10) No Imputed Knowledge – moved to ¶C(7)(j)¶C(11) Governing Law – retitled Governing Law & Interpretation; moved to ¶C(7)(h); language modified¶C(12) Statute of Limitations – moved to ¶C(7)(m)¶C(13) Survival – moved to ¶C(7)(n); language modified¶C(14) Entire Agreement – moved to ¶C(7)(e)¶C(15) GAR Forms – moved to ¶C(7)(g); language modified ¶C(16) Notices – moved to ¶C(7)(k); retitled “Notices between Buyer and Broker”; changed “Client” to “Buyer”¶C(17) Time of Essence – moved to ¶C(7)(p)¶C(19) Brochures – now ¶C(10); slight language modifications; updated CB13 title*** Signature page – changed brokerage references
F113 Non-Exclusive Buyer Brokerage Agreement *** Retitled to “Non-Exclusive Buyer Brokerage Engagement Agreement”¶A(1) New section title: Non-Exclusive Buyer Brokerage Engagement Agreement; modified language¶A(2) Term – language modified¶A(3) Independent Contractor Relationship – moved to ¶C(7)(i); subsequent ¶s renumbered¶A(4) Agency and Brokerage – now ¶A(3); added additional language regarding dual agency¶A(5) Commission – now ¶A(4); modified language¶A(6) Separate Commission on Lease – now ¶A(5); modified language¶A(7) Protected Period – now ¶A(6); modified language¶B(1) New section title: Exclusive Buyer Brokerage Engagement Agreement; modified language¶B(2) Term – language modified¶B(3) Independent Contractor Relationship – moved to ¶C(7)(i); subsequent ¶s renumbered¶B(4) Agency and Brokerage – now ¶B(3); subsection (a) added title “Broker’s Policy on Agency” – modified language;
subsection (b) Dual Agency Disclosure – modified language; subsection (c) Designated Agency Disclosure – slightly modified language; subsection (d) – slightly modified language
¶B(5) Commission – now ¶B(4); section (a) – language modified; section (b) titled “Seller Normally Pays Commission” –language modified; section (c) – language modified; section (d) moved to ¶C(8) with language modifications
¶B(6) Separate Commission on Lease – now ¶B(5); modified language¶B(7) Protected Period – now ¶B(6); modified language¶C(2) Buyer’s Duties – subsections (d) and (e) slightly modified¶C(3) Fair Housing Disclosure – moved to ¶C(7)(f); added additional language
FOR
Exclusive Buyer Brokerage Agreement
FOR
Exclusive Buyer Brokerage Agreement Retitled to “
FOR
Retitled to “Non
FOR
Non
FOR
-
FOR
-Exclusive Buyer Brokerage Engage
FOR
Exclusive Buyer Brokerage EngageNew section title:
FOR New section title: Non
FOR Non
FOR –
FOR – language modified
FOR language modifiedIndependent Contractor Relationship
FOR Independent Contractor Relationship
FOR Agency and Brokerage
FOR Agency and Brokerage
FOR Commission
FOR Commission –
FOR – now
FOR now
FOR A(6)
FOR A(6) Separate Commission on Lease
FOR Separate Commission on Lease
FOR
A(7)
FOR
A(7) Protected Period
FOR
Protected Period
FOR
¶ FOR
¶B(1) FOR
B(1) New section title: FOR
New section title: ¶ FO
R ¶B(2) FO
R B(2) TermFO
R Term –FO
R – language modifiedFOR
language modifiedFOR
B(3) FOR
B(3) Independent Contractor RelationshipFOR
Independent Contractor RelationshipFOR
B(4) FOR
B(4) Agency and BrokerageFOR
Agency and BrokerageFOR
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language modified; section (b) titled “Seller Normally Pays Commission”
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language modified; section (b) titled “Seller Normally Pays Commission” ; section (d) moved to
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; section (d) moved to ¶C
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; new Assignability subsection;new Independent Contractor Relationship subsection
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new Independent Contractor Relationship subsection; new Third Party Vendor subsection
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; new Third Party Vendor subsection
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¶C(7)(e)
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k); retitled “Notices between Buyer and Broker”
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moved to ¶
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ONLY; modified language
ONLY; modified language
s renumbered
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s renumberedB(3); subsection (a) added title “Broker’s Policy on Agency” ON
LYB(3); subsection (a) added title “Broker’s Policy on Agency” –ON
LY– modified languageONLY
modified languagemodified language; subsection (c) Designated Agency Disclosure ON
LYmodified language; subsection (c) Designated Agency Disclosure
language modified; section (b) titled “Seller Normally Pays Commission” ONLY
language modified; section (b) titled “Seller Normally Pays Commission” with language modificationsON
LYwith language modifications
Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 4 of 13, 01/01/21
F113 Non-Exclusive Buyer Brokerage Agreement (cont.)¶C(4) Limits on Broker’s Authority and Responsibility – now ¶C(3); subsection (b) – added disclaimer language addressing
flooding; subsection (f) – language modified ¶C(7) Disclosure of Potentially Fraudulent Activities – now ¶C(6); added reference to law code*** New section Miscellaneous - ¶C(7); new Assignability subsection; new Attorney’s Fees subsection; new Broker
subsection; new Independent Contractor Relationship subsection; new Third Party Vendor subsection¶C(8) Arbitration – moved to ¶C(7)(a)¶C(9) Referrals – moved to ¶C(7)(l)¶C(10) No Imputed Knowledge – moved to ¶C(7)(j)¶C(11) Governing Law – retitled Governing Law & Interpretation; moved to ¶C(7)(h); language modified¶C(12) Statute of Limitations – moved to ¶C(7)(m)¶C(13) Survival – moved to ¶C(7)(n); language modified¶C(14) Entire Agreement – moved to ¶C(7)(e)¶C(15) GAR Forms – moved to ¶C(7)(g); language modified ¶C(16) Notices – moved to ¶C(7)(k); retitled “Notices between Buyer and Broker”; changed “Client” to “Buyer”¶C(17) Time of Essence – moved to ¶C(7)(p)¶C(19) Brochures – now ¶C(10); slight language modifications; updated CB13 title*** Signature page – changed brokerage references
F116 Agreement to Work with Buyer as a Customer ¶5 Receipt by Buyer of Consumer Protection Brochures – moved to end of agreement; all subsequent ¶s renumbered¶6 Independent Contractor Relationship – now ¶5; modified language¶7 Buyer’s Duties – now ¶6; subsection (e) reworded; subsection (f) reworded*** Added section for Special Stipulations*** Signature page – changed brokerage references
F122 Exclusive Leasing Listing Agreement ¶2 Marketing – retitled subsection (a) to “Generally” – language modified¶3(b) Limits on Broker’s Authority – added language regarding flooding¶9 Arbitration – moved to ¶14(A); subsequent ¶s renumbered ¶12 Indemnity – moved to ¶14(H)¶16 Miscellaneous – now ¶14; alphabetized¶16(C) Governing Law – retitled “Governing Law and Interpretation; now ¶14(G); added additional language to match other
brokerage agreements¶17 GAR Forms – now ¶14(F); language updated¶18 Notices – now ¶14(K)¶20 Brochures – now ¶16; corrected “Seller” to “Owner” in all instances; replaced “Georgia Association of REALTORS®”
with GAR¶21 Exhibits and Addenda – now ¶17; updated Lead Based Paint form number
F125 Non-Exclusive Leasing Listing Agreement ¶2 Marketing – retitled subsection (a) to “Generally” – language modified¶3(b) Limits on Broker’s Authority – added language regarding flooding¶9 Arbitration – moved to ¶14(A); subsequent ¶s renumbered ¶12 Indemnity – moved to ¶14(H)¶16 Miscellaneous – now ¶14; alphabetized¶16(C) Governing Law – retitled “Governing Law and Interpretation; now ¶14(G); added additional language to match other
brokerage agreements¶17 GAR Forms – now ¶14(F); language updated¶18 Notices – now ¶14(K); subsection (c) eliminated ¶20 Brochures – now ¶16; corrected “Seller” to “Owner” in all instances; replaced “Georgia Association of REALTORS®”
with GAR¶21 Exhibits and Addenda – now ¶17; updated Lead Based Paint form number*** Updated signature page to include more owner contact information
F128 Exclusive Leasing/Management Agreement ¶1 Lease – added language regarding approving of tenant rental applications¶8(A) Marketing – added language about ceasing advertising¶10(B) Added disclaimer language addressing flooding; new subsection (F)¶26 Lead-Based Paint – updated form number¶32 Governing Law – retitled Governing Law and Interpretation; modified language¶36 GAR Forms – updated language¶37(B) Changed “Client” to “Owner”
FOR
Governing Law
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Governing Law –
FOR
–
FOR
brokerage agreements
FOR
brokerage agreementsGAR Forms
FOR GAR Forms –
FOR – now ¶14(F); language up
FOR now ¶14(F); language up
FOR Notices
FOR Notices –
FOR – now ¶14(K)
FOR now ¶14(K); subsection (c) eliminated
FOR ; subsection (c) eliminated
FOR Brochures
FOR Brochures –
FOR – now ¶16; corrected “Seller” to “Owner” in all instances; replaced “Georgia Association of REALTORS®”
FOR now ¶16; corrected “Seller” to “Owner” in all instances; replaced “Georgia Association of REALTORS®”
FOR with GAR
FOR with GARExhibits and Addenda
FOR Exhibits and Addenda
FOR
Updated signature page to include more owner contact
FOR
Updated signature page to include more owner contact
F1 FOR
F128FOR
28 Exclusive Leasing/Management Agreement FOR
Exclusive Leasing/Management Agreement ¶ FO
R ¶1 FO
R 1 LeaseFO
R LeaseFO
R (A) FO
R (A) MarketingFO
R MarketingFO
R )FO
R ) AddedFO
R Added
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subsection (e) reworded; subsection (f) reworded
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subsection (e) reworded; subsection (f) reworded
language modified
TRAIN
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(A); subsequent ¶s renumbered
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(A); subsequent ¶s renumbered
retitled “Governing Law and Interpretation; now ¶1
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retitled “Governing Law and Interpretation; now ¶1
; language updated
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; language updated
corrected “Seller” to “Owner” in all instances
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corrected “Seller” to “Owner” in all instances
now ¶17;
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now ¶17; updated Lead Based Paint form nu
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updated Lead Based Paint form nu
Exclusive Leasing Listing Agreement
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Exclusive Leasing Listing Agreement retitled subsection (a) to “Generally”
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retitled subsection (a) to “Generally” Limits on Broker’s Authority
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Limits on Broker’s Authority –
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moved to ¶14(A); subsequent ¶s renumbered TRAIN
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moved to ¶14(A); subsequent ¶s renumbered moved to ¶14(H)TR
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now ¶14; alphabetizedretitled “Governing Law and Interpretation; now ¶14(G); added additional language to match other TR
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retitled “Governing Law and Interpretation; now ¶14(G); added additional language to match other
ONLYC(7)(k); retitled “Notices between Buyer and Broker”; changed “Client” to “Buyer”
ONLYC(7)(k); retitled “Notices between Buyer and Broker”; changed “Client” to “Buyer”
moved to end of agreement; all subsequent ONLY
moved to end of agreement; all subsequent
Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 5 of 13, 01/01/21
F134 Exclusive Tenant Brokerage Agreement¶7(F) Updated language regarding authority to bind¶10 Disclosure of Potentially Fraudulent Activities – added reference to law code¶15 Independent Contractor Relationship – updated language¶19 Governing Law – retitled “Governing Law and Interpretation”; updated language¶23 GAR Forms – updated language¶25 Notices – changed “client” to “tenant”
F137 Non-Exclusive Tenant Brokerage Agreement ¶4(F) Updated language ¶10 Disclosure of Potentially Fraudulent Activities – added reference to law code¶15 Independent Contractor Relationship – updated language¶19 Governing Law – retitled “Governing Law and Interpretation”; updated language¶21 Statute of Limitations; now ¶20¶23 GAR Forms – updated language¶25 Notices – changed “client” to “tenant”
F158 Notice to Extend Listing Period *** Retitled “Notice to Extend Brokerage Engagement Agreement”*** Rephrased language to allow form to be used for multiple brokerage engagement agreements
F201 Purchase and Sale Agreement ¶A(7) Earnest Money – added ACH option¶A(10) Brokerage Relationships in this Transaction – changed broker references ¶B(3)(c) Prorations – added language referencing ad valorem taxes¶B(5) Holder of Earnest Money – added language referencing ACH use¶B(8)(a) Right to Inspect Property – language added about continuous right to access property¶B(10)(b) Brokerage – changed broker references; added language that brokers are third-party beneficiaries ¶B(10)(c) Disclaimer – added disclaimer language addressing flooding¶C(3) Risk of Damage to Property – added latent disclosure form reference; changed “damaged” to “destroyed”¶C(4)(g) GAR Forms – updated language ¶C(4)(l) Survival of Agreement – added clarifying language to subparagraph (3); new subparagraph (5); subsequent
subparagraph renumbered¶C(8) Added Form number reference for Disclosure of Latent Defects *** Added new language above signature lines*** Updated broker references on signature lines
F204 Condominium Resale Purchase and Sale ¶2 Corrected run-on sentence by creating two sentences; changed “which” to “Such”; corrected fragmented sentence
by replacing “.” with “,”; changed last “of” to “or”¶3 Changed “use” to “used”
F210 Lot Purchase and Sale Agreement ¶A(7) Earnest Money – added ACH option¶A(9) Brokerage Relationships in this Transaction – changed broker references¶B(3)(c) Prorations – added language referencing ad valorem taxes¶B(5) Holder of Earnest Money – added language referencing ACH use¶B(8)(a) Right to Inspect Property – language added about continuous right to access property¶B(9)(b) Brokerage – updated broker references; added language that brokers are third-party beneficiaries ¶B(9)(c) Disclaimer – added disclaimer language addressing flooding¶C(3) Risk of Damage to Property – added latent disclosure form reference; changed “damaged” to “destroyed”¶C(4)(g) GAR Forms – updated language ¶C(4)(l) Survival of Agreement – added clarifying language to subparagraph (3); new subparagraph (5); subsequent
subparagraph renumbered¶C(8) Added Form number reference for Disclosure of Latent Defects*** Added new language above signature lines*** Updated broker references on signature lines
F213 Land Purchase and Sale Agreement ¶A(7) Earnest Money – added ACH option¶A(12) Brokerage Relationships in this Transaction – changed broker references¶B(4)(c) Prorations – added language referencing ad valorem taxes¶B(6) Holder of Earnest Money – added language referencing ACH use¶B(9)(a) Right to Inspect Property – language added about continuous right to access property¶B(12)(b) Brokerage – changed broker references; added language that brokers are third-party beneficiaries
FOR
Brokerage Relationships in this Transaction
FOR
Brokerage Relationships in this Transaction
FOR
added language referencing ad valorem taxes
FOR
added language referencing ad valorem taxesHolder of Earnest Money
FOR
Holder of Earnest Money
FOR Right to Insp
FOR Right to Inspect Property
FOR ect Property B(9)(b) Brokerage
FOR B(9)(b) Brokerage –
FOR – updated broker references;
FOR updated broker references;B(9)(c) Disclaimer
FOR B(9)(c) Disclaimer –
FOR – added disclaimer language addressing flooding
FOR added disclaimer language addressing floodingRis
FOR Risk of Damage to Property
FOR k of Damage to Property
FOR C(4)(g)
FOR C(4)(g) GAR Forms
FOR GAR Forms –
FOR – updated language
FOR updated language
C(4)(l)
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C(4)(l) Survival of Agreement
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Survival of Agreement subpa
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subparagraph renumbered
FOR
ragraph renumbered¶C(8) FO
R ¶C(8) Added Form number reference for Disclosure of Latent DefectsFO
R Added Form number reference for Disclosure of Latent Defects
*** FOR
*** Added new language above signature linesFOR
Added new language above signature linesUpdated broker references on signature linesFO
R Updated broker references on signature lines
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added latent disclosure form reference
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added latent disclosure form reference; changed “damaged” to “destroyed”
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; changed “damaged” to “destroyed”
added clarifying language
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added clarifying language to subparagraph (3); n
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to subparagraph (3); n
Added Form number reference for Disclosure of Latent Defects
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Condominium Resale Purchase and
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Condominium Resale Purchase and Sale
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on sentence by creating two sentences; changed “which” to “Such”; changed last “of” to “or”
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; changed last “of” to “or”Changed “use” to “used”
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Rephrased language to allow form to be used for multiple brokerage engagement agreementsONLY
Rephrased language to allow form to be used for multiple brokerage engagement agreements
Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 6 of 13, 01/01/21
F213 Land Purchase and Sale Agreement (cont.)¶B(12)(c) Disclaimer – added disclaimer language addressing flooding¶C(3) Risk of Damage to Property – added latent disclosure form reference; changed “damaged” to “destroyed”¶C(4)(g) GAR Forms – updated language ¶C(4)(l) Survival of Agreement – added clarifying language to subparagraph (3); new subparagraph (5); subsequent
subparagraph renumbered¶C(9) Added Form number reference for Disclosure of Latent Defects*** Added new language above signature lines*** Updated broker references on signature lines
F216 Dwelling and Land Both Have Value Exhibit¶1 Added form number reference ¶2B Added form number reference
F219 Temporary Occupancy Agreement for Seller After Closing Exhibit ¶6 Updated broker references
F222 Temporary Occupancy Agreement for Buyer Prior to Closing Exhibit¶7 Updated broker references¶11 Updated broker references
F225 Personal Property Agreement *** Added “and sufficiency” in introduction
F228 New Construction Purchase and Sale Agreement ¶A(8) Earnest Money – added ACH option¶A(13)(a) Updated brochure title and corrected form number¶A(13)(c) Insulation and R-Value Disclosure – section removed – added to F231 New Construction Exhibit; subsequent ¶s
renumbered¶A(14) Brokerage Relationships in this Transaction – changed broker references¶B(4)(c) Prorations – added language referencing ad valorem taxes¶B(6) Holder of Earnest Money – added language referencing ACH use¶B(5)(c) Extending the Closing Date – corrected “off” to “of”¶B(5)(d) Completion of Construction and Certificate of Occupancy – added in exhibit reference and removed “Plans and
Specifications” references¶B(9) Construction Deposit – removed reference to liquidated damages¶B(13)(n) Added “and other animals”¶B(14)(b) Brokerage – added language that brokers are third-party beneficiaries ¶B(14)(c) Disclaimer – added disclaimer language addressing flooding¶B(16) Right to Inspect Property – language added about continuous right to access property¶C(1) Risk of Damage – changed “substantially damaged” to “substantially destroyed”¶C(7)(h) GAR Forms – updated language ¶C(7)(l) Survival of Agreement – added clarifying language to subparagraph (3); new subparagraph (5); subsequent
subparagraph renumbered*** Added new language above signature lines*** Updated broker references on signature lines
F231 New Construction Exhibit¶11 Insulation – retitled Insulation and R-Value Disclosures; added disclosure language and explanation lines
F240 Option Agreement *** Added new language above signature lines*** Updated brokerage references on signature page
F243 Option Agreement to Purchase Leased Property Exhibit¶B(3) Amount and Deposit of Earnest Money – added checkbox options; added ACH; modified explanation to allow for ACH
reference¶B(4)(c) Prorations – added language referencing ad valorem taxes¶B(11)(b) Brokerage – changed broker references; added language that brokers are third-party beneficiaries ¶B(11)(c) Disclaimer – added disclaimer language addressing flooding¶B(15)(f) GAR Forms – updated language
FOR
Added new language above signature lines
FOR
Added new language above signature linesUpdated broker references on signature lines
FOR
Updated broker references on signature lines
New Co
FOR New Construction Exhibit
FOR nstruction ExhibitInsulation
FOR Insulation –
FOR – retitled
FOR retitled Insulation and R
FOR Insulation and R
FOR
FOR F240
FOR F240 Option Agreement
FOR Option Agreement
Added new language above signature lines
FOR
Added new language above signature lines***
FOR
*** Updated brokerage references on signature page
FOR
Updated brokerage references on signature page
F243FOR
F243 Option Agreement to Purchase Leased Property ExhibitFOR
Option Agreement to Purchase Leased Property ExhibitB(3) FO
R B(3) Amount and Deposit of Earnest MoneyFO
R Amount and Deposit of Earnest MoneyFO
R referenceFO
R reference
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changed broker references
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nguage referencing ad valorem taxesadded language referencing ACH use
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added language referencing ACH usecorrected “off” to “of”
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corrected “off” to “of”Completion of Construction and Certificate of Occupancy
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Completion of Construction and Certificate of Occupancy
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removed reference to liquidated damages
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removed reference to liquidated damages
added language that brokers are third
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added language that brokers are thirdadded disclaimer language addressing flooding
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added disclaimer language addressing floodinglanguage added about continuous right to access property
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language added about continuous right to access propertychanged “substantially damaged” to “substantially destroyed”
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Temporary Occupancy Agreement for Buyer Prior to Closing Exhibit
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Temporary Occupancy Agreement for Buyer Prior to Closing Exhibit
Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 7 of 13, 01/01/21
F243 Option Agreement to Purchase Leased Property Exhibit (cont.)¶C(15)(l) Survival of Agreement – added clarifying language to subparagraph (3); new subparagraph (5); subsequent
subparagraph renumbered¶C(20) Exhibits and Addenda – added additional form number reference for seller’s property disclosure exhibits*** Added new language above signature lines*** Updated brokerage references on signature page
F249 Counteroffer to or Modification of the Unaccepted Original Offer ¶A Previous Counteroffers Rejected – language modified¶C Effect of Accepting This Counteroffer – language modified *** Added new language above signature lines *** Updated brokerage references on signature page
F252 Walk Through List *** Added new language above signature lines*** Updated broker references on signature lines
F255 Instructions to Closing Attorney *** Updated broker references throughout form
F258 Co-op Commission Agreement *** Updated broker references
F279 Assignment of Purchase and Sale Agreement Rights ¶6 Updated broker references; changed “Associated Salesperson” to “affiliated licensees”*** New ¶7*** Updated broker references on signature lines
F289 Request for Confirmation of Presentation of Offer/Counteroffer – NEW FORM
F290 Agreement to Reinstate Contract – NEW FORM
F301 Seller’s Property Disclosure Statement Exhibit¶C(5) Systems and Components – added additional questions about replacement and service dates¶C(6) Sewer/Plumbing Related Items – added question about age of water heater¶C(10) Termites, Dry Rot, Pests and Wood Destroying Organisms – modified question regarding damage caused by pests;
modified question regarding transfer of warranty costs
F302 Seller’s Disclosure of Latent Defects and Fixtures Checklist – NEW FORM
F304 Seller’s Property Disclosure Statement Exhibit (Condominium)¶C(4) Systems and Components – added additional questions about replacement and service dates¶C(5) Sewer/Plumbing Related Items – added question about age of water heater¶C(9) Termites, Dry Rot, Pests and Wood Destroying Organisms – modified question regarding damage caused by pests;
modified question regarding transfer of warranty costs
F307 Seller’s Property Disclosure (Land/Lot) Statement Exhibit¶C(3)(c) Changed “include” to “exclude”
F316 Lead-Based Paint Exhibit*** Removed references to landlords and tenants throughout form*** Removed heading numbers; renumbered lines¶2(a) Renumbered to (a) – removed checkboxes and added (i) and (ii) with initial lines and a checkbox for additional
explanations¶2(b) Renumbered to (b) – removed checkboxes and added (i) and (ii) with initial lines and a checkbox for additional
explanations¶3 Buyer’s/Tenant’s Acknowledgement – now Buyer’s Acknowledgement; rephrased directions¶3(c) Now ¶e; Rephrased directions; added numbering before initial lines; added addition information for each initial line¶4 Broker’s Acknowledgement; retitled to Agent’s Acknowledgement with clarification on who needs to initial¶5 Certificate of Accuracy – slight language modification language; added lines to print names of parties; updated
broker references; removed NOTE at bottom of page
FOR
FOR
Sewer/Plumbing Related Items
FOR
Sewer/Plumbing Related Items
FOR
Termites, Dry Rot, Pests and Wood Destroying Organisms
FOR
Termites, Dry Rot, Pests and Wood Destroying Organisms
FOR modified question regarding transfer of warranty costs
FOR modified question regarding transfer of warranty costs Seller’s Property Disclosure (Land/Lot) Statement Exhibit
FOR Seller’s Property Disclosure (Land/Lot) Statement Exhibit)
FOR ) Changed “include” to “exclude”
FOR Changed “include” to “exclude”
F316
FOR
F316 Lead
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Lead-
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-Based Paint Exhibit
FOR
Based Paint Exhibit*** FO
R *** Removed referencesFO
R Removed references
*** FOR
*** Removed FOR
Removed 2(a) FO
R 2(a) Renumbered to (a) FO
R Renumbered to (a) explanationsFO
R explanations
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Request for Confirmation of Presentation of Offer/Counteroffer
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Request for Confirmation of Presentation of Offer/Counteroffer
NEW FORM
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NEW FORM
perty Disclosure Statement Exhibit
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perty Disclosure Statement Exhibitadded additional questions about replacement and service dates
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added additional questions about replacement and service datesadded question about age of water heater
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added question about age of water heaterTermites, Dry Rot, Pests and Wood Destroyi
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Seller’s Disclosure of Latent Defec
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Termites, Dry Rot, Pests and Wood Destroying OrganismsTRAIN
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Termites, Dry Rot, Pests and Wood Destroying OrganismsTRAIN
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Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 8 of 13, 01/01/21
F322 Community Association Disclosure Exhibit¶2(A) Added language to reflect the amount due annually; moved Other Mandatory Billed Association Fees to new
subsection ¶2(B) Other Association Fees; all subsequent ¶s renumbered*** New ¶2(B) Other Association Fees; new Utility Expenses subsection¶3 Information Regarding Who Pays Fees to Association – retitled to Fees Paid at or Prior to Closing¶3(A) Disclosure Regarding Fees – modified language¶3(B)(i) Account Statement Or Clearance Letter – now ¶3(B); bolded “Seller shall pay”; added language regarding
instructions from closing firm¶3(B)(ii) Fees and Special Assessments – now ¶3(D); subsequent ¶s renumbered; bolded “Seller shall pay”; clarified
disclosed amount language¶3(C)(i) Transfer, Initiation and Administrative Fees – now ¶3(C); bolded “Buyer shall pay”; added language referencing
accurate amount disclosed; language modification and bolding in second paragraph of section¶3(C)(ii) Pre-Paid Regular Assessments and Move-In Fees – now ¶3(E); modified language; bolded “Buyer shall pay”¶3(D) Special Assessments – now ¶2(E); removed first “to buyer”¶3(E) Assessments Pay for Following Services and Amenities – now ¶2(D) and renamed Services and Amenities Included
in Assessments; separated amenities into two subsections¶4 Litigation / Violations – now ¶2(F) Litigation and ¶2(G) Violations¶5 Consent of Buyer to Reveal Information to Association – now ¶4
F325 Broker’s Information Disclosure*** Replaced “,” with “on” in section above signature lines
F404 Conventional Loan Contingency Exhibit¶6 Changed “any” to “one or more” ¶11 Changed “within” to “not later than” and “of” to from in each paragraph*** Changed broker references on signature lines
F407 FHA Loan Contingency Exhibit¶6 Changed “any” to “one or more” *** Changed broker references on signature lines
F410 VA Loan Contingency Exhibit¶6 Changed “any” to “one or more” *** Changed broker references on signature lines
F413 USDA-RD Loan Contingency Exhibit¶6 Changed “any” to “one or more” ¶11 Changed “within” to “not later than” and “of” to from in each paragraph*** Changed broker references on signature lines
F416 Loan Assumption ¶7(C) Moved last sentence to ¶7(D); eliminated second to last sentence – redundant
F419 Institutional Second Mortgage Contingency Exhibit¶4 Changed broker references
F422 Seller Financing (First Mortgage) Exhibit¶8 Hazard Insurance – added “at”¶10(c) Eliminated second to last sentence of section due to redundancy; moved last sentence to ¶10(d)
F425 Seller Financing (Second Mortgage) Exhibit¶11(c) Eliminated second to last sentence of section due to redundancy; moved last sentence to ¶11(d)
F428 Seller Financing (Third Mortgage) Exhibit¶11(c) Eliminated second to last sentence of section due to redundancy; moved last sentence to ¶11(d)
F431 Seller Financing (Wrap Around Mortgage) Exhibit¶13(c) Eliminated second to last sentence of section due to redundancy; moved last sentence to ¶13(d)
FOR
Institutional Second Mortgage Contingency Exhibit
FOR
Institutional Second Mortgage Contingency ExhibitChanged broker references
FOR
Changed broker references
Seller Financing (First Mortgage) Exhibit
FOR Seller Financing (First Mortgage) ExhibitHazard Insurance
FOR Hazard Insurance –
FOR – added “a
FOR added “a
FOR Eliminated
FOR Eliminated second to
FOR second to
F425
FOR
F425 Seller Financing (Second Mortgage) Exhibit
FOR
Seller Financing (Second Mortgage) Exhibit¶ FO
R ¶1 FO
R 11 FO
R 1(c)FO
R (c) Eliminated second to last sentence of section due to redundancy; moved last sentence to FO
R Eliminated second to last sentence of section due to redundancy; moved last sentence to
F428FOR
F428 Seller Financing (Third Mortgage) ExhibitFOR
Seller Financing (Third Mortgage) Exhibit11(c)FO
R 11(c) Eliminated second to last sentence of section due to redundancy; moved last sentence to FO
R Eliminated second to last sentence of section due to redundancy; moved last sentence to
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RD Loan Contingency Exhibit
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Changed “within” to “not later than” and “of” to from in each paragraph
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Changed “within” to “not later than” and “of” to from in each paragraphChanged broker references on signature lines
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Moved last sentence to TRAIN
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bolded “Buyer shall pay”
ONLYbolded “Buyer shall pay”Services and Amenities Included
ONLYServices and Amenities Included
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Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 9 of 13, 01/01/21
F507 Earnest Money Transfer to Seller Amendment¶1 Transfer of Earnest Money – added an “s” to “direct”¶4 Liquidated Damages – removed last sentence about specific performance *** Added new language above signature lines*** Changed broker references on signature lines
F513 Escrow Agreement *** Added new language above signature lines; eliminated old langauge
F516 Agreement to Disburse Trust Funds Prior to Closing*** Added new language above signature lines
F519 Mutual Agreement to Terminate Purchase & Sale Agreement and Disburse Earnest Money*** Changed broker references throughout form and on signature lines*** Added “Signature” under each Buyers, Sellers and Brokers signature lines*** Added new language above signature lines; eliminated old language
F601 Sale or Lease of Buyer’s Property Contingency Exhibit¶A Now ¶1; updated wording*** New ¶2 to address status of buyer’s property¶B Now ¶3; options updated**** New ¶5 to address existing contract on buyer’s property¶D Separated in ¶6 and ¶7; Kick-Out Clause in this Transaction – language and options modified *** New ¶8 Special Stipulations
F607 General Contingency Exhibit*** New Kick-Out Clause Explained section; subsequent ¶s re-lettered¶B Kick-Out Provision – now ¶C; retitled “Kick-Out Clause in this Transaction”; section reformatted with updated
options and language modifications*** New Special Stipulations section
F610 Short Sale Contingency Exhibit¶1(a) Removed extra “Seller” after “expenses” ¶2 Added “Date” after “Binding Agreement”
F701 Amendment to Agreement*** Added new language above signature lines *** Changed broker references on signature lines
F704 Amendment to Address Concerns with Property*** Added new language above signature lines *** Changed broker references on signature lines
F707 Amendment to Remove Contingency*** Added language that removal of the contingencies does not eliminate rights benefitting seller*** Added new language above signature lines *** Changed broker references on signature lines
F710 Amendment to Change the Due Diligence Period*** Added new language above signature lines *** Changed broker references on signature lines
F713 Amendment to Sales Price*** Added new language above signature lines *** Changed broker references on signature lines
F716 Amendment to Change Closing/Possession Date*** Possession – added reference to attaching F219 when appropriate *** Added new language above signature lines *** Changed broker references on signature lines
FOR
Amendment to Remove Contingency
FOR
Amendment to Remove ContingencyAdded language that removal of the contingencies does not eliminate rights benefitting seller
FOR
Added language that removal of the contingencies does not eliminate rights benefitting sellerAdded new language above signature lines
FOR Added new language above signature lines Changed broker references on signature lines
FOR Changed broker references on signature linesF710
FOR F710 Amendment to Change the Due Diligence Period
FOR Amendment to Change the Due Diligence Period
Added new language above signature lines
FOR
Added new language above signature lines Changed broker references on signature lines
FOR
Changed broker references on signature lines
F713FOR
F713 Amendment to Sales PriceFOR
Amendment to Sales PriceAdded new language above siFO
R Added new language above siChanged broker references on signature linesFO
R Changed broker references on signature lines
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language and options modified
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language and options modified
s re
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Out Clause in this Transaction”; section reformatted with updated
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Out Clause in this Transaction”; section reformatted with updated
Added “Date” after “Binding Agreement”
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Added “Date” after “Binding Agreement”
Added new language above signature lines
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Added new language above signature lines Changed broker references on signature lines
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Amendment to Address Concerns with Property
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above signature lines Changed broker references on signature linesTR
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Amendment to Remove ContingencyAdded language that removal of the contingencies does not eliminate rights benefitting sellerTR
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Added language that removal of the contingencies does not eliminate rights benefitting seller
ONLYMutual Agreement to Terminate Purchase & Sale Agreement and Disburse Earnest Money
ONLYMutual Agreement to Terminate Purchase & Sale Agreement and Disburse Earnest Money
language and options modified ONLY
language and options modified
Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 10 of 13, 01/01/21
F719 Amendment to Remove Contingency of Sale or Lease of Buyer’s Property¶2 Added form number reference*** Added new language above signature lines *** Changed broker references on signature lines
F722 Amendment to Remove Inspection Contingency*** Added new language above signature lines *** Changed broker references on signature lines
F725 Amendment to Authorize Buyer to Make Repairs and/or Improvements¶2 Changed broker references; made “claim” and “loss” plural; corrected “and or” to “and/or”; removed “in”¶5 Added “and Possession” to closing date reference*** Changed broker references on signature linesF728 Amendment to Brokerage Engagement*** Updated Forms titles
F731 New Construction Change Order(s) Amendment*** Changed broker references on signature lines
F813 Survey Resolution Exhibit*** Changed “one-hundredth” to “one-thousandth”
F822 Agreement to Keep Offers Confidential*** Changed broker references throughout form¶4 Removed references to “listing”; grammar corrections*** Added new language above signature lines
F825 Confidentiality and Non-Disclosure Agreement*** Changed broker references throughout form¶5 Warranties – changed “Owner” to “Seller”¶6 Indemnification of Recipient –changed “Owner” to “Seller”; corrected “attorneys” to “attorney’s”¶7 Indemnification of Selling Broker – retitled Indemnification of Buyer’s Broker; changed “Owner” to “Seller”;*** Added new language above signature lines
F831 Arbitration/Mediation Agreement*** Changed “Purchaser” to “Buyer” above initial boxes*** Added new language above signature lines
F843 Referral Authorization*** Added language to be able to refer to builders; added language to be able to refer for related real estate services
F907 Owner’s Property Disclosure Statement (Lease) Exhibit¶2 Lead Based Paint – updated form number
F913 Lease for Residential Property¶A(4) Security Deposit – added language regarding payment of security deposit¶A(12) Early Termination by Tenant – added language regarding total amounts for early termination¶A(21) Lead Based Paint – updated form reference number¶A(22) Liquidated Damages Paid by Tenant – updated title to Other Liquidated Damages Paid by Tenant¶B(21) Lead Based Paint – updated form reference number¶B(22) Liquidated Damages – updated title to Other Liquidated Damages Paid by Tenant; new subsection (a); all subsequent
subsections renumbered¶C(3) Rules and Regulations – new subsection (r)¶C(9) GAR Forms – updated language¶C(12) Exhibits – updated Lead Based Paint form number*** Added new language above signature lines; eliminated old language above signature lines
F916 Lease for Lease/Purchase Agreement¶A(4) Security Deposit – added language regarding payment of security deposit¶A(19) Lead Based Paint – updated form reference number¶A(22) Liquidated Damages Paid by Tenant – updated title to Other Liquidated Damages Paid by Tenant¶B(19) Lead Based Paint – updated form reference number
FOR
Lead Based Paint
FOR
Lead Based Paint
FOR Lease for Residential Property
FOR Lease for Residential PropertySecurity Deposit
FOR Security Deposit –
FOR – added language regarding payment of security deposit
FOR added language regarding payment of security deposit
FOR Early Termination by Tenant
FOR Early Termination by Tenant
FOR Lead Based Paint
FOR Lead Based Paint
FOR A(22)
FOR A(22) Liquidated Damages Paid by Tenant
FOR Liquidated Damages Paid by Tenant
FOR
B(21)
FOR
B(21) Lead Based Paint
FOR
Lead Based Paint
FOR
¶ FOR
¶B(22)FOR
B(22) Liquidated DamagesFOR
Liquidated DamagesFOR
subsections renumberedFOR
subsections renumbered¶ FO
R ¶C(3) FO
R C(3) Rules and RegulationsFO
R Rules and RegulationsFO
R C(9) FO
R C(9) GAR FormsFO
R GAR FormsFO
R C(12)FO
R C(12) ExhibitsFO
R Exhibits
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Disclosure Agreement
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Disclosure Agreement
changed “Owner” to “Sel
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changed “Owner” to “Seller”;
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ler”; corrected “attorneys” to “attorney’s”
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corrected “attorneys” to “attorney’s”Indemnification of Buyer’s Broker
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Indemnification of Buyer’s Broker
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Added new language above signature lines
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Arbitration/Mediation Agreement
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Arbitration/Mediation Agreementchaser” to “Buyer” above initial boxes
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chaser” to “Buyer” above initial boxesAdded new language above signature lines
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Added new language above signature lines
Referral Authorization
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Referral AuthorizationAdded language to be able to refer to builders; added language to be able to refer for related real estate services
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Added language to be able to refer to builders; added language to be able to refer for related real estate services
Owner’s Propert TRAIN
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y Disclosure Statement (Lease) Exhibitupdated form numberTR
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updated form number
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“and or” to “and/or”; removed “in”
ONLY
“and or” to “and/or”; removed “in”
Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 11 of 13, 01/01/21
F916 Lease for Lease/Purchase Agreement (cont.)¶C(3) Rules and Regulations – new subsection (r)¶C(9) GAR Forms – updated language¶C(12) Exhibits – updated Lead Based Paint form number*** Added new language above signature lines; eliminated old language above signature lines
F918 Lead-Based Paint Exhibit (Leases) – NEW FORM
F925 Amendment to Lease Agreement*** Added new language above signature lines
F931 Additional Signature Page (Landlord and Tenants)*** Added new language above signature lines
F934 Leasing Commission Confirmation Agreement¶6 Added “shall”
CF01 Commercial Exclusive Seller Listing Agreement *** Retitled to “Commercial Exclusive Seller Brokerage Engagement Agreement”¶A(1) New section title: Exclusive Seller Brokerage Engagement Agreement; modified language¶A(1)(b) Legal Description – removed fill-in options¶A(2) New section title: List Price and Listing Period; modified language¶A(3) Subsection eliminated; all subsequent subsections renumbered¶A(4) Negotiation – section moved to ¶A9¶A(6) Commission – now ¶A4; added language to (a) and removed “of Property” from (b); new sections (c) and (d)¶A(8) Independent Contractor Agreement – moved to ¶C6 Miscellaneous¶A(9) Agency and Brokerage – now ¶A6; added additional language regarding dual agency¶A(10) New Section title: Seller Has the Follow Special Circumstances That Will Require Third-Party Approval Before Seller
Can do the Following; now ¶A7; subsection (a) retitled List the Property for Sale; subsection (b) retitled Contract to Sell the Property
¶B(1) New section title: Exclusive Seller Brokerage Engagement Agreement; modified language¶B(2) New section title: List Price and Listing Period;
New subsection (a) List Price; subsequent subsections renumberedSubsection (a) now subsection (b) – renamed Initial Listing Period When Property Is Under Contract to Sell –modified languageSubsection (b) now subsection (c) – language modified
¶B(3) Broker’s Duties to Seller – moved to ¶C6(a); slight language changes¶B(4) Negotiations – moved to ¶C6(b); slight language changes; new subsection (5)¶B(5) Marketing – now ¶B(3); subsection (a) – added language regarding buyers and other brokers taking photos of listing;
subsection (b) – added language regarding Marketing Commencement Date; subsection (d) – added “prospective buyers”
¶B(6) Commission – now ¶B(4); titled subsection to Obligation to Pay Commission – modified language; moved language regarding seller’s immediate payment of broker commission to ¶C8(c); subsection (c) now subsection (b) titled Sharing of Broker’s Commission with Cooperating Broker – language modified; subsection (c) moved to ¶C6; subsection (d) restated in updated language of ¶B(1)
¶B(7) Protected Period – Now ¶B(5) – section re-written¶B(8) Independent Contractor Relationship – moved to ¶C6 Miscellaneous¶B(9) Agency and Brokerage – now ¶B(6); subsection (a) Broker’s Policy on Agency – modified language; subsection (b)
Dual Agency Disclosure – modified language; subsection (c) Designated Agency Disclosure – slightly modified language; subsection (d) titled “No Other Adverse Relationships” – slightly modified language
*** Negotiations – now ¶B(8) – new language ¶C(1) Seller Default – now ¶C(6); section re-written¶C(3) Limits on Broker’s Authority and Responsibility – now ¶C(2); subsection (b) – added disclaimer language addressing
flooding; subsection (e) – eliminated; subsection (f) now subsection (e) – replaced “purchase agreement” with “Contract to Sell”; subsection (g) now subsection (f) – slight language updates; subsection (h) now subsection (g) –language modified
¶C(5) Disclosure of Potentially Fraudulent Activities – now ¶C(4); added reference to law code¶C(6) Miscellaneous – now ¶C(5); alphabetized subsections; new Assignability subsection; new Attorney’s Fees
subsection; new Broker subsection; new Entire Agreement subsection; new Fair Housing Disclosure subsection; new GAR Forms subsection; “Governing Law” subsection retitled “Governing Law and Interpretation – language modified; “Notices” subsection retitled “Notices between Seller and Broker” – changed “client” to “seller”; new “Survival” subsection; new “Third Party Vendors” subsection
*** New ¶C(8) – Exhibits and Addenda*** Signature page – changed brokerage references
FOR
subsection (d) restated in updated language of ¶B(1)
FOR
subsection (d) restated in updated language of ¶B(1)Protected Period
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Protected Period
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Independent Contractor
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Independent Contractor
FOR Agency and Broke
FOR Agency and Brokerage
FOR rage
FOR Dual Agency Disclosure
FOR Dual Agency Disclosure
FOR language; subsection (d) titled “No Other Adverse Rel
FOR language; subsection (d) titled “No Other Adverse RelNegotiations
FOR Negotiations –
FOR – now ¶B(8)
FOR now ¶B(8)
FOR ¶C(1)
FOR ¶C(1) Seller Default
FOR Seller Default –
FOR – now ¶
FOR now ¶
FOR
¶C(
FOR
¶C(3
FOR
3)
FOR
) Limits on Broker’s Authority and Responsibility
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Limits on Broker’s Authority and Responsibility
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flooding; subsection (e) FOR
flooding; subsection (e) “Contract to Sell”; subsection (g) now subsection (f) FO
R “Contract to Sell”; subsection (g) now subsection (f) language modifiedFO
R language modified
¶C(5) FOR
¶C(5) DFOR
Disclosure of Potentially Fraudulent ActivitiesFOR
isclosure of Potentially Fraudulent ActivitiesFOR
MiscellaneousFOR
Miscellaneous
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; modified language
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; modified language
ved “of Property” from (b); new sections (c) and (d)
TRAIN
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; now ¶A7; subsection (a) retitled
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; now ¶A7; subsection (a) retitled List the Property for Sale
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List the Property for Sale
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okerage Engagement Agreement
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okerage Engagement Agreement
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List Price and Listing Period
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List Price and Listing Period;
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;
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; subsequent subsections renumbered
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; subsequent subsections renumberedrenamed
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renamed Initial Listing Period When Property Is Un
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Initial Listing Period When Property Is Un
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language modified
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language modified moved to ¶C
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moved to ¶C6
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6(a); slight language changes
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(a); slight language changes(b); slight language changes; new subsection (5)
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(b); slight language changes; new subsection (5)now ¶B(3); subsection (a)
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now ¶B(3); subsection (a) –
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– added language regarding buyers and other brokers taking photos of listing;
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added language regarding buyers and other brokers taking photos of listing; added language regarding Marketing Commencement Date; subsection (d)
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added language regarding Marketing Commencement Date; subsection (d)
¶B(4); titled subsection to
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¶B(4); titled subsection to regarding seller’s immediate payment of broker commission to ¶C8(c); subsection (c) now subsection (b) titled TR
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regarding seller’s immediate payment of broker commission to ¶C8(c); subsection (c) now subsection (b) titled Sharing of Broker’s Commission with Cooperating BrokTR
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subsection (d) restated in updated language of ¶B(1)TRAIN
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subsection (d) restated in updated language of ¶B(1)Now ¶B(5) TR
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Now ¶B(5) –TRAIN
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–RelationshipTR
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RelationshipTRAIN
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; modified languageONLY
; modified language
Copyright© 2021 by Georgia Association of REALTORS® 2021 GAR Form Changes, Page 12 of 13, 01/01/21
CF04 Commercial Purchase and Sale Agreement ¶A(1)(b) Legal Description – removed fill-in options¶A(4) Closing and Possession – retitled Closing and Possession Date; removed subsections ¶A(5) Holder of Earnest Money – retitled Holder of Earnest Money/Escrow Agent¶A(8) Due Diligence Period – language modified¶A(9) Titled Title Examination¶A(10) Moved to ¶A(8)*** New ¶A(10)¶A(11) Titled Assignment¶A(12) Moved to ¶A(7)(b)*** New section – Purchase and Sale¶B(1) Purchase Price and Method of Payment – now ¶B(2); retitled Purchase Price of Property to be Paid by Buyer; added
new subsections (a) and (b); subsequent ¶s renumbered ¶B(2) Due Diligence – moved to ¶B(8)¶B(3) Seller’s Obligations at Closing – moved to ¶B(1)(c)¶B(4) Earnest Money – moved to ¶B(7)*** New ¶B(4) Closing and Possession Date*** New ¶B(5) Holder of Earnest Money/Escrow Agent*** New ¶B(6) Closing Attorney/Law Firm¶B(5) Conditions to Closing – moved to ¶B(1)(d)¶B(6) Costs – moved to ¶B(3); retitled Closing Costs; subsequent ¶s renumbered ¶B(7) Taxes and Prorations – moved to ¶B(3)(c)¶B(8) Title – retitled Title Examination; now ¶B(9)¶B(9) Destruction of Property – now ¶C(2)¶B(10) Representation and Warranties – moved to ¶C(3)*** New ¶B(10) Existing Brokerage Commissions or Management Obligations¶B(13) Assignment – moved to ¶B(11)¶B(11) Brokerage – retitled Brokerage Relationships in this Transaction; moved to ¶B(12)¶B(12) Disclaimer – now ¶B(12)(b); updated language ¶C(3)(f) GAR Forms – now ¶C(5)(f); updated language¶C(3)(k) Survival of Agreement – now ¶C(5)(k); updated language¶C(4) Definitions – now ¶C(6); new subsection (e)*** Added new language above signature lines*** Updated Brokerage references
CF24 Commercial Exclusive Listing Agreement (For Leases) – NEW FORM
CF25 Commercial Open Listing Agreement (For Leases)¶1 Legal Description – removed fill-in options¶4 Marketing – subsection (a) retitled to “Generally” – language modified; subsection (b) changed “Seller” to “Owner”¶7(B) Updated language¶13 Independent Contractor – updated language¶16 Required State Law Disclosures – new subsection (e)¶22 Governing Law – updated titled to Governing Law and Interpretation; updated language*** New ¶26 GAR Forms; subsequent ¶s renumbered*** New ¶28 – Exhibits and Addenda
CF28 Commercial Exclusive Leasing/Management Agreement*** Legal Description – removed fill-in options¶8 Marketing – “Advertisements” subsection reworded; “Lockboxes” subsection reworded; new “No Marketing by
Owner” subsection¶10(b) Language modified¶13 New subsections (e) and (f)¶24 Indemnity – language updated¶25 Nondiscrimination – language updated¶26 Governing Law – retitled Governing Law & Interpretation; language modified¶29(b) Notices Between Client and Manager Regarding This Agreement – language modified*** New ¶30 GAR Forms; subsequent ¶s renumbered*** New ¶32 – Exhibits and Addenda
CF31 Commercial Lease Agreement (Single-Tenant Facilities)*** Legal Description – removed fill-in options¶26 Other Provisions – “Entire Agreement” subsection language modified; “Indemnification” subsection language
modified; “Governing Law” retitled “Governing Law and Interpretation” – language modified*** New ¶27 GAR Forms; subsequent ¶s renumbered¶29 Exhibits – added Legal Description Exhibit and two other lines *** Added new language above signature lines
FOR
Commercial Exclusive Leasing/Management Agreement
FOR
Commercial Exclusive Leasing/Management AgreementLegal Description
FOR Legal Description –
FOR – removed fil
FOR removed fil
FOR Marketing
FOR Marketing –
FOR – “Advertisements” subsection reworded; “Lockboxes” subsection reworded; new “No Marketing by
FOR “Advertisements” subsection reworded; “Lockboxes” subsection reworded; new “No Marketing by
FOR Owner” subsection
FOR Owner” subsectionLanguage modified
FOR Language modifiedNew subsections (e) and (f)
FOR New subsections (e) and (f)
Indemnity
FOR
Indemnity –
FOR
– language updated
FOR
language updated
FOR
¶
FOR
¶25
FOR
25 Nondiscrimination
FOR
Nondiscrimination
FOR
¶ FOR
¶26 FOR
26 Governing LawFOR
Governing LawFOR
¶ FOR
¶29(b)FOR
29(b) Notices Between Client and Manager Regarding This Agreement FOR
Notices Between Client and Manager Regarding This Agreement *** FO
R *** New FO
R New ¶FO