In a changing Atlanta real estate market, transactions require more negotiation, creativity, and sometimes more patience to reach the closing table. That makes the details in your contract—and your file—even more important.
Many problems don't start with a major mistake. They start with a small detail that gets overlooked.

Watch Your Dates and Deadlines
Due diligence, financing, appraisal, earnest money, closing and contingency deadlines matter. Don't rely solely on your transaction software or calendar reminders.
Review the contract yourself and make sure your client understands the important dates. If a deadline needs to change, get it in writing before the deadline passes.

Use the Right Form
Georgia REALTORS® made mid-year revisions to a number of GAR forms effective June 1, 2026. Make sure you are using the current version of the appropriate form rather than pulling an old form from a previous transaction.
And remember: a Notice to Withdraw an Offer and a Notice to Reject an Offer/Counteroffer should not be interchangeable. The document should accomplish what your client actually intends.

​Be Careful With Special Stipulations
Special stipulations can be one of the biggest sources of problems in a contract.
Before adding one, ask:
Is it clear? Is it measurable? Does it say who is responsible? Is there a deadline? What happens if it isn't completed?
Avoid vague language such as "Seller will repair HVAC" or "Seller will address inspection items." If the parties end up disagreeing, the language should clearly tell them what was supposed to happen.

Don't Forget About Notice
Sending an email doesn't automatically mean proper notice was given.
Before sending an important contractual notice, verify the notice provisions in the contract, the correct recipient and the correct email address. A typo in an email address can become a very expensive mistake when a contractual deadline is involved.

Document the Conversation
If your client tells you something important by phone, follow it up in writing.
A simple email saying, "Just confirming our conversation today..." can make a tremendous difference if the transaction is questioned months—or years—later.
Save emails, texts, amendments, inspection negotiations, repair discussions and your client's instructions.

​Slow Down When the Deal Gets Complicated
The transactions that feel the most urgent are often the ones where agents need to slow down.
Multiple amendments, extensions, home-sale contingencies, earnest money disputes, unusual financing, repair amendments, and last-minute changes are all good reasons to involve your broker before you send or sign something—not afterward.

Broker Reminder
Your best risk-management tools aren't complicated:

• Read the contract.
• Use the correct form.
• Watch your deadlines.
• Document your client's instructions.
• Give notice correctly.
• And when something doesn't look right—ask your broker.

Five minutes spent asking a question before a document is signed can save hours of problems later.

One of the most valuable tools in a real estate professional's business isn't a CRM, marketing platform, or transaction management software—it's thorough documentation.
Every transaction involves hundreds of conversations, emails, text messages, deadlines, and decisions. While most transactions close without incident, questions or disputes can arise months—or even years—after the closing table. When that happens, memories fade, clients' recollections differ, and verbal conversations become difficult to verify.
Your documentation becomes the story of the transaction.
As brokers, one of the first things we ask when an issue arises is, "What documentation do we have?" The answer to that question often determines how quickly a misunderstanding can be resolved and whether a complaint escalates into something more serious.

If It Isn't Documented, It Didn't Happen
While that phrase may sound harsh, it reflects the reality of risk management.
Imagine receiving a call from a former client who insists they were never told about an inspection issue, a contractual deadline, or a repair recommendation. If your only response is, "I remember discussing that," you're relying on your memory against theirs.
However, if you can produce an email confirming the discussion, a text message summarizing the conversation, or a signed amendment acknowledging the decision, the facts become much clearer.
Good documentation protects everyone involved—the client, the agent, and the brokerage.

What Should You Document?
The safest approach is simple: document any conversation or decision that could later become important.
Some examples include:
Client Instructions
Whenever a client directs you to take—or not take—a specific action, create a written record.
Examples include:

• Deciding not to request repairs.
• Waiving certain inspections.
• Choosing not to terminate during the Due Diligence Period.
• Declining professional recommendations.
• Electing to proceed despite known defects.

If those decisions are made verbally, follow up with an email summarizing the conversation and ask the client to confirm your understanding.

​Inspection Negotiations
Inspection negotiations are among the most common sources of post-closing disputes.
Maintain copies of:

• Inspection reports.
• Repair requests.
• Seller responses.
• Contractor estimates.
• Repair invoices.
• Written agreements regarding repairs or credits.

If repairs are negotiated over the phone, confirm the final agreement in writing before preparing amendments.

Amendments and Deadlines
Every amendment changes the transaction timeline.
Keep organized copies of:

• Signed amendments.
• Extensions.
• Due Diligence modifications.
• Closing date changes.
• Financing contingency updates.

In addition, maintain a personal calendar showing when critical deadlines were communicated to your client.
Missing a deadline can have significant contractual consequences, and your records should demonstrate that you properly informed your client throughout the transaction.

Emails and Text Messages
Many important decisions are now made through email and text messaging.
Don't assume those communications will always be easy to retrieve.
Consider:

• Saving important emails in your transaction file.
• Uploading relevant text message screenshots into your transaction management system.
• Following significant text conversations with a formal email summary.

Remember that text messages can become part of a transaction file just as easily as emails.

Conversations Worth Confirming
Not every conversation requires extensive documentation, but many deserve a simple follow-up email.
Examples include:

• Explaining earnest money.
• Discussing financing concerns.
• Reviewing inspection findings.
• Explaining appraisal issues.
• Confirming contract deadlines.
• Advising clients to seek legal, tax, or professional advice when appropriate.

A short email beginning with, "Per our conversation today..." can eliminate confusion later.

Documentation Is Not Distrust
Some agents worry that documenting everything makes clients feel uncomfortable or suggests a lack of trust.
In reality, good documentation demonstrates professionalism.
Clients appreciate clear communication, written summaries, and organized records. These practices help everyone stay on the same page and reduce misunderstandings throughout the transaction.
Think of documentation as customer service—not self-protection.

​Your Transaction File Tells the Story
If another broker, attorney, mediator, or investigator reviewed your file two years from now, would they understand what happened?
A complete transaction file should tell the story from beginning to end.
It should demonstrate:

• When important conversations occurred.
• What advice was given.
• What decisions the client made.
• Which documents were signed.
• How deadlines were managed.
• How issues were resolved.

If someone unfamiliar with the transaction can follow the sequence of events using your documentation alone, you've done an excellent job.

Real Estate Agent & Broker’s Best Practices
Develop habits that become second nature:

• Confirm important verbal conversations with a follow-up email.
• Upload emails, text messages, and supporting documents to your transaction file promptly.
• Keep notes of significant client conversations.
• Never rely solely on your memory.
• Maintain organized records throughout the transaction—not just at closing.
• Review your files before archiving them to ensure all critical documents are included.

Consistent habits today can prevent major problems tomorrow.

​The Role of Documentation in GREC Complaints
Many complaints filed with the Georgia Real Estate Commission do not involve intentional misconduct. Instead, they often stem from misunderstandings, poor communication, or differing recollections of events.
When a broker is asked to respond to a complaint, complete documentation can demonstrate that the agent acted professionally, communicated appropriately, and fulfilled their responsibilities throughout the transaction.
Strong documentation cannot prevent every dispute, but it can significantly strengthen your position if questions arise.

Bottom Line
Excellent agents don't just negotiate contracts—they create clear records.
Every email you save, every amendment you organize, every conversation you confirm in writing, and every deadline you document contributes to a stronger transaction file and better protection for your clients, your brokerage, and your real estate license.
When a dispute arises months or years after closing, your memory may have faded.
Your documentation will still be there, telling the story with clarity and confidence.

​One of the most common misconceptions among buyers and sometimes even newer agents is that Georgia's Due Diligence Period is simply the time to schedule a home inspection. While a professional home inspection is certainly one of the most important components of due diligence, it is far from the only purpose of this important timeframe.
The Due Diligence Period is the buyer's opportunity to investigate every aspect of the property and determine whether it meets their needs and expectations before becoming fully committed to the purchase. As professional real estate agents, one of our responsibilities is to help buyers understand the scope of their investigation and ensure they are aware of important deadlines.
Looking Beyond the Home Inspection
A home inspection evaluates the physical condition of the property, but many other factors can significantly impact a buyer's decision. Encourage your buyers to consider the following during the Due Diligence Period:
Property Condition
In addition to a general home inspection, buyers may wish to obtain specialized inspections depending on the property's age, location, or unique features. These may include:

• Termite or wood-destroying organism inspections
• Radon testing
• Mold evaluations
• Septic system inspections
• Well water testing
• Roof evaluations
• Structural engineering assessments

No two properties are alike, and every buyer's concerns may be different.
Survey and Boundary Issues
A current survey can reveal concerns that are not visible during a showing, including:

• Encroachments
• Fence or boundary disputes
• Easements
• Shared driveways
• Setback violations

These issues can affect property use, future improvements, and even marketability.
Homeowners Association Documents
If the property is subject to a homeowner’s association, buyers should review more than just the monthly dues. Encourage them to obtain and review:

• Covenants, Conditions, and Restrictions (CC&Rs)
• Bylaws
• Architectural guidelines
• Rental restrictions
• Pet restrictions
• Pending special assessments
• Community rules and regulations

Many post-closing disputes arise because buyers were unaware of restrictions that could have been discovered during due diligence.
Insurance Availability and Cost
Insurance has become a growing concern throughout Georgia. Before the Due Diligence Period expires, buyers should contact their insurance provider to determine:

• Whether the property is insurable
• Estimated homeowner's insurance premiums
• Flood insurance requirements
• Wind or hail coverage considerations
• Any prior claims history that could affect coverage

Unexpected insurance costs can significantly impact a buyer's monthly payment.
Utilities and Property Services
Encourage buyers to verify the availability and condition of services such as:

• Public water and sewer
• Septic systems
• Internet and broadband availability
• Natural gas service
• Trash collection
• Utility providers and estimated monthly costs

These details can have a significant impact on a buyer's satisfaction after closing.
Neighborhood and Future Development
Due diligence extends beyond the property itself.
Buyers should research:

• Nearby commercial or residential developments
• Zoning changes
• Planned road expansions
• School attendance zones
• Flood maps
• Local ordinances
• Noise sources
• Commute times

While agents should avoid making guarantees about future development, directing buyers to appropriate public resources empowers them to make informed decisions.
Good communication and careful tracking of deadlines are among the simplest and most effective risk management tools available to every real estate agent.
Bottom Line
The Due Diligence Period is one of the most important phases of a Georgia real estate transaction. It provides buyers with the opportunity to evaluate not only the home's physical condition but also the legal, financial, and practical aspects of ownership. By educating buyers, encouraging thorough investigations, and carefully managing contractual deadlines, agents provide exceptional service while reducing risk for everyone involved.

​One of the most misunderstood issues in a real estate transaction is lender-required repairs or appraisal conditions.
A buyer may complete their due diligence, the parties may negotiate repairs (or agree to no repairs at all), and everyone thinks they're headed to closing. Then the appraisal comes back and the lender requires repairs before the loan can be approved.
That's when the confusion starts.
What Are Lender-Required Repairs?
Lender-required repairs, sometimes called conditional repairs, are repairs the lender requires before funding the buyer's loan.
The lender's concern is not whether the home is perfect. The lender wants to ensure the property is acceptable collateral for the loan. Most lender-required repairs involve issues related to safety, habitability, or significant property condition concerns.
Common examples include:

• Exposed electrical wiring
• Missing handrails
• Roof deficiencies
• Broken windows
• Active leaks
• Structural concerns
• Non-functioning HVAC, plumbing, or electrical systems

 
These issues are often identified during the appraisal process and may result in the lender requiring repairs before closing.
FHA and VA loans often have stricter property condition requirements, but conventional lenders may also require repairs depending on the property's condition.
Appraisal Issues and Inspection Issues Are Not the Same Thing
Agents should also remember that a home inspection and an appraisal serve different purposes.
A home inspector works for the buyer and may identify dozens of maintenance items or future concerns.
An appraiser works for the lender and focuses on value and property condition as it relates to the lender's risk.
Just because an inspector identifies an issue does not mean the lender will require it to be repaired. Likewise, a lender may require repairs that neither party expected.
The Georgia Contract Issue Agents Often Miss
Here's where many agents get tripped up.
Lender-required repairs are not the same thing as contractual repair obligations.
Under the GAR Purchase and Sale Agreement, buyers and sellers negotiate repairs during due diligence. The parties may agree to repairs, agree to a credit, or agree that no repairs will be made.
That contractual agreement is separate from the lender's underwriting requirements.
For example, a seller may have refused all repair requests during due diligence. Later, the lender may require a repair before approving the buyer's loan. That does not automatically mean the seller is obligated to make the repair.
The lender can require the repair for the loan.
The contract determines whether the seller is required to perform the repair.
Those are two separate issues.
At that point, the parties must decide whether the seller will complete the repair, the buyer will complete the repair if permitted, the parties will renegotiate, or the transaction will terminate if no agreement can be reached.
What Agents Should Do

• Set expectations early when a property has deferred maintenance or obvious condition issues.
• Avoid telling clients that a lender will or will not require repairs.
• Explain the difference between inspection issues, appraisal issues, and contractual repair obligations.
• Allow extra time for repairs and appraisal re-inspections when needed.
• Encourage clients to consult with their lender regarding loan requirements and contractual obligations.

 
Key Takeaways
A lender can require repairs as a condition of making the loan. That does not automatically create an obligation for the seller to make those repairs.
As Georgia agents, it's important to understand the difference between lender requirements and contractual obligations so we can properly advise our clients, manage expectations, and avoid unnecessary disputes as we move toward closing.

In today’s market, agents are creating more content than ever: social media posts,
listing flyers, reels, email campaigns, text marketing, and online ads. But with increased
visibility comes increased risk. Many advertising violations in Georgia are not intentional
— they happen because agents move quickly and overlook compliance details.
Here are five common advertising mistakes Georgia agents still make, along with
practical ways to reduce risk.

1. Missing Brokerage Identification
Under Georgia license law, advertising must clearly identify the licensed brokerage firm.
This applies to:

•  Social media profiles
•  Listing posts
•  Digital ads
•  Email signatures
•  Websites
•  Flyers and print marketing

A team name, logo, or agent name alone is not enough.

2. Using Language That Could Create Fair Housing Concerns
Fair Housing violations are often unintentional. Certain phrases may appear harmless
but can imply a preference for certain groups of people.
Avoid phrases that describe people instead of property features, such as:

•  “Perfect for families”
•  “Safe neighborhood”
•  “Christian community”
•  “Ideal for young professionals”
•  “No kids”
•  “Walk to synagogue/church”
•  “Exclusive community”

Focus on objective property details instead.

3. Advertising Information That Cannot Be Verified
Agents sometimes repeat information from sellers, prior listings, tax records, or third-
party websites without verification.

Common Risk Areas:

•  School assignments
•  Square footage
•  HOA information
•  Rental restrictions
•  “No flood zone”
•  Investment return claims
•  “Lowest taxes in the area”

If an agent publishes inaccurate information, “the seller told me” is usually not a strong
defense.

4. Posting Sold Data or MLS Information Improperly
MLS rules often create compliance issues when agents repost listing information after
closing or use data outside permitted purposes.
Common Mistakes:

•  Sharing days-on-market comparisons without context
•  Publishing confidential commission information
•  Using listing photos after expiration without permission
•  Modifying MLS remarks in misleading ways
•  Advertising another broker’s listing without authorization

5. Forgetting That Personal Social Media Can Still Be Considered Advertising
Many agents believe business rules only apply to formal marketing materials. In reality,
a Facebook post, Instagram story, TikTok video, or neighborhood group comment may
still be considered real estate advertising.
Examples:

•  Promoting services
•  Soliciting buyers or sellers
•  Discussing listings
•  Advertising open houses
•  Offering market advice

If the post relates to real estate business activity, compliance standards likely apply.

Good Practice Before Posting:

Ask yourself:

•  Is the brokerage identified?
•  Is the information accurate?
•  Could the language create Fair Housing concerns?
•  Am I making claims I can support?

Professional, compliant advertising protects both your license and your reputation.

As licensed real estate professionals in Georgia, staying compliant with state laws and Commission rules isn’t optional—it’s essential. Beyond protecting your license, understanding these requirements helps you better serve your clients and avoid costly mistakes.
Here are key Georgia real estate laws and rules every agent should consistently follow:
1. Agency Relationships Must Be Clearly Defined (BRRETA)
Georgia operates under the Brokerage Relationships in Real Estate Transactions Act (BRRETA). This law requires agents to clearly disclose their role in a transaction.
Key reminders:

• You must disclose who you represent (buyer, seller, both as dual agent, or customer)
• Agency disclosure should happen early in the conversation, not at the contract stage
• If acting as a dual agent, written consent from both parties is required

Failure to properly disclose agency can lead to serious legal consequences and disciplinary action.

2. Timely Presentation of All Offers Is Mandatory
Georgia license law requires that all offers be presented to the client promptly—unless the client has given written instructions otherwise.
Important points:

• You cannot withhold offers based on your opinion of the buyer or terms
• Even low or “unrealistic” offers must be presented
• Documentation is your protection—keep records of offer presentation

3. Handling of Earnest Money Must Follow Strict Guidelines
Earnest money must be handled according to Georgia Real Estate Commission (GREC) rules.
Key requirements:

• Funds must be deposited into a broker-managed trust account
• Deposits must be made promptly (typically within 5 banking days unless otherwise stated in the contract)
• Brokers are responsible for proper accounting and recordkeeping

Never hold or delay earnest money outside of these guidelines.

4. License Law Requires Honest and Accurate Advertising
All advertising must be truthful and properly identify the brokerage.
In Georgia:

• The broker’s name must be included in all advertising
• Ads cannot be misleading or deceptive
• Teams must clearly show the brokerage relationship

Social media is included—Instagram, Facebook, and online listings must all comply.

5. Material Facts Must Be Disclosed
Agents in Georgia have a duty to disclose known material defects that could affect a property's value or desirability.
Examples include:

• Structural issues
• Water damage or mold
• Known zoning or legal issues

You are not required to discover hidden defects, but you cannot ignore or conceal known issues.

6. Broker Supervision Is Required by Law
In Georgia, agents operate under the supervision of their qualifying broker.
This means:

• Contracts and transactions fall under the broker’s authority
• Agents must follow brokerage policies and procedures
• Brokers are responsible for trust accounts and oversight

When in doubt—ask your broker before acting.

7. License Renewal and Continuing Education
To maintain an active license in Georgia:

• Complete 36 hours of continuing education every 4 years
• Include the required 3-hour License Law course
• If you are a broker, 18 of the 36 continuing education hours must be broker-specific CE hours
• Renew on time to avoid lapses or penalties – you must go online to pay the fee and renew your license

Staying educated is part of staying compliant.

Final Thoughts: Compliance Protects Your Business
Georgia real estate law is designed to protect consumers—and professionals. The agents who build long-term, successful careers are the ones who treat compliance as part of their daily routine, not an afterthought.
When you’re unsure, slow down, document everything, and reach out to your broker. It’s always better to ask questions upfront than fix problems later.

As Georgia real estate professionals, we are often asked what happens after a lease expires — especially when no renewal has been signed and the tenant remains in possession. Understanding how Georgia law treats these situations is critical for protecting your landlord clients and advising tenants correctly.
Here’s a clear breakdown of how it works under O.C.G.A. § 44-7-7.

What Happens When a Lease Expires?
If a written lease expires and is not renewed or extended, the landlord has the right to retake possession of the property.
If the tenant refuses to vacate after the lease expires, the landlord may:

• Require the tenant to sign a new lease with new terms, or
• Require the tenant to vacate the property

However, if:

• No new lease is signed, and
• The landlord continues to accept rent on a monthly basis

A tenancy-at-will is created by operation of law.

What Is a Tenancy-at-Will?
A tenancy-at-will arises when a tenant remains in possession with the landlord’s consent, but without a current fixed-term lease. It is also considered a month-to-month lease.
Key point:
The tenancy-at-will generally operates under the terms of the original lease, except that it is no longer for a fixed term.
This is where many landlords (and even agents) get tripped up.

Notice Requirements Under Georgia Law
Under O.C.G.A. § 44-7-7, once a tenancy-at-will is created:

• Landlord must give 60 days’ written notice to terminate the tenancy.
• Tenant must give 30 days’ written notice to terminate the tenancy.

These notice requirements apply when:

• No lease term is specified, or
• The lease expired and the parties continued month-to-month.

Changing Rent During a Tenancy-at-Will
If a landlord wishes to:

• Increase the rent, or
• Change other material terms

The landlord must give the tenant 60 days’ notice before the new terms take effect.
That 60-day notice essentially begins a new tenancy-at-will under the new terms.

Practical Guidance for Agents
Here’s what you should be advising your clients:
For Landlords:

• Do not assume you can give 30 days’ notice just because rent is paid monthly.
• If you accept rent after lease expiration, you likely created a tenancy-at-will.
• You must provide 60 days’ written notice to terminate or modify rent.

For Tenants:

• You are required to give 30 days’ written notice to vacate.
• If you stay past lease expiration and rent is accepted, you are no longer under a fixed-term lease.

In summary, when a lease expires and rent continues to be accepted, a tenancy-at-will is often created. Before advising your clients, make sure you understand Georgia’s notice requirements to avoid costly mistakes and protect all parties involved.

​When a seller is involved in a pending divorce in Georgia, it can directly impact the ability to convey clear, marketable title. For REALTORS®, this is not just a personal matter between spouses — it is a legal issue that can affect the validity of a sale and expose everyone involved to serious risk.
Why does a pending divorce matter?
Under Georgia law, most real property acquired during a marriage — especially the marital residence — is considered a marital asset for purposes of equitable division. That means the divorce court has authority to decide how the property will ultimately be handled.
A common misconception is that a home will simply be sold and the proceeds divided. In reality, the court may award the actual property to one spouse instead of ordering a sale. Until the divorce issues are resolved, ownership rights may be uncertain.
Even a spouse who is not listed on title can have an equitable interest in the property. Because of that interest, their cooperation — and often their signature — may be required to properly transfer title.
The risk of getting it wrong
Improper handling of property tied to a divorce can have severe consequences:

• A closing could be challenged or invalidated
• The parties could face significant legal liability
• A court could order the property returned to one of the spouses
• In extreme cases, title could be taken back from the buyer

This is not theoretical. Georgia courts have broad authority in domestic relations matters, and real estate transactions can become entangled in divorce litigation if not handled correctly.
Agent Pro Tip: Always ask
REALTORS® should routinely ask every seller:
“Are you currently involved in a divorce, or is a divorce likely to be filed during the listing period?”
Even sellers who appear cooperative and amicable may be in the middle of divorce proceedings and never volunteer that information unless directly asked.
Sometimes a spouse will file a Lis Pendens in the county real estate records to give notice of a claim related to the property or sale proceeds. However, this is not always done. If no notice is recorded and the closing attorney is not informed, the issue may go undetected.
Why a title search won’t necessarily catch it
Many agents assume a divorce will automatically appear in a title exam. In Georgia, that is not the case.
Divorce filings are civil court matters maintained in Superior Court records — a completely separate system from land records. Georgia title standards do not require attorneys to search civil complaint indexes as part of a routine title exam.
Additional complications include:

• The divorce may be filed in any of Georgia’s 159 counties
• The parties may be in pre-filing stages with no public record yet
• There may be pending agreements not reflected in land records

Without disclosure from the seller, the closing attorney may never know the divorce exists.
What attorneys must evaluate before closing
When a divorce is involved, attorneys must determine how — and whether — the decree affects title. Key questions include:
1. Is the divorce decree legally valid and final?
The court must have jurisdiction over the parties and the property, and the decree must not be subject to appeal.
2. How is title currently held?

• One spouse only
• Both spouses jointly
• Tenants in common

3. Does the decree transfer ownership?
Most Georgia divorce decrees do not automatically vest title in one spouse. If the decree intends to transfer ownership, a certified copy often must be recorded in county land records to provide notice.
4. Is a deed required?
If the decree orders one spouse to convey their interest (for example, a quitclaim deed), that deed must be executed to complete the transfer. A court order alone is usually not enough.
The bottom line for Georgia REALTORS®
A pending divorce is not just a personal detail — it is a material fact that can affect marketable title and the validity of a sale. Early disclosure protects:

• The buyer
• The seller
• The agent
• The closing attorney
• The transaction itself

The safest practice is simple: ask every time, document the answer, and alert the closing attorney immediately if a divorce is involved.

​The Georgia REALTORS® Purchase and Sale Agreement includes clear rules for resolving conflicts or inconsistencies within the contract. These rules help buyers, sellers, and brokers understand which provisions control when multiple sections appear to say different things.
Order of Priority in the Agreement
When provisions conflict, the agreement is interpreted using the following hierarchy:

1. Handwritten changes take priority over any pre-printed or typed language.
2. Exhibits override the main body of the agreement.
3. Special Stipulations control over both the exhibits and the main agreement, including any handwritten changes.
4. FHA or VA Amendatory Clauses supersede conflicting provisions elsewhere in the agreement. Notably, the “Agreement to Seek Amendment to Purchase Price Prior to Termination” in FHA or VA exhibits is not considered a conflict with the Amendatory Clause.

Enforceability and Broker Compensation
The agreement (and any amendments) is generally enforceable between the buyer and seller even without broker signatures. However, if any provision changes a broker’s agreed-upon compensation, that change is only binding if the affected broker provides written consent.
If a Buyer’s Broker Compensation Exhibit is included, the agreement is not enforceable unless it is properly initialed by the required broker(s).
Special Stipulations Written by Brokers
When a broker drafts special stipulations on behalf of a party, that party, per the GAR agreement:

• Confirms the stipulations accurately reflect their intent,
• Accepts them as if they wrote them personally, and
• Agrees to indemnify the broker from claims arising from those stipulations.

Broker Disclosures and Information Sources
If a broker answers questions or describes aspects of the property or transaction, that information is presumed to come from the seller—not from the broker’s independent investigation—unless the broker provides a separate written disclosure stating otherwise.

Proper Notice is an important part of the real estate transaction. Improper notice can leave the party giving notice at risk, especially if the party giving notice intends to terminate a contract. 
The GAR Contract requires all notices to be in writing, legible and signed by the party giving the notice. An email or text message is not an acceptable form of notice. In the event of a dispute regarding notice, the burden shall be on the party giving notice to prove delivery.
Notices can be in person, by courier, overnight delivery service, certified mail; or by email or facsimile. To determine if property notice was sent, ask these five questions.

1. Was notice sent using a permissible means of notice set forth in the contract?
2. Was notice timely delivered and received?
3. Was the notice given by the right party?
4. Was the notice received by the right party?
5. Was the notice sent to the correct address of the party receiving the notice that was included in the purchase contract?

Who is allowed to receive notice? Except where the Broker is acting in a dual agency capacity, the Broker and any affiliated license of the Broker representing a party in a client relationship is authorized agents of the party for the limited purpose of receiving notice. Notice to an authorized agent must be sent to an address, facsimile number or email address listed in the purchase contract. Notice to an unrepresented party must go to the party directly to the address listed in the purchase contract.
GAR has a form F816 that can be used for the purpose of giving notice. It is important that the party giving notice sign the notice before sending to the other party.
Notice section from the GAR Purchase & Sale Agreement:                                                                                     
C.1 Notices.
a. Generally: All notices given hereunder shall be in writing, legible and signed by the party giving the notice. In the event of a dispute regarding notice, the burden shall be on the party giving notice to prove delivery. The requirements of this notice paragraph shall apply even prior to this Agreement becoming binding. Notices shall only be delivered: (1) in person; (2) by courier, overnight delivery service or by certified or registered U.S. mail (hereinafter collectively “Delivery Service”); or (3) by e-mail or facsimile. The person delivering or sending the written notice signed by a party may be someone other than that party.
b. Delivery of Notice: A notice to a party shall be deemed to have been delivered and received upon the earliest of the following to occur: (1) the actual receipt of the written notice by a party; (2) in the case of delivery by a Delivery Service, when the written notice is delivered to an address of a party set forth herein (or subsequently provided by the party following the notice provisions herein), provided that a record of the delivery is created; (3) in the case of delivery electronically, on the date and time the written notice is electronically sent to an e-mail address or facsimile number of a party herein (or subsequently provided by the party following the notice provisions herein) even if it is not opened by the recipient. Notice to a party shall not be effective unless the written notice is sent to an address, facsimile number or e-mail address of the party set forth herein (or subsequently provided by the party following the notice provisions herein).
c. When Broker Is Authorized to Accept Notice for Client: Except where the Broker is acting in a dual agency capacity, the Broker and any affiliated licensee of the Broker representing a party in a client relationship shall be authorized agents of the party for the limited purpose of receiving notice and such notice to any of them shall for all purposes herein be deemed to be notice to the party. Notice to an authorized agent shall only be effective if the written notice is sent to an address, facsimile number or e-mail address of the authorized agent set forth herein (or subsequently provided by the authorized agent following the notice provisions herein) whether or not it is not opened by the recipient. Except as provided for herein, the Broker’s staff at a physical address set forth herein of the Broker or the Broker’s affiliated licensees are authorized to receive notices delivered by a Delivery Service. The Broker, the Broker’s staff and the affiliated licensees of the Broker shall not be authorized to receive notice on behalf of a party in any transaction in which a brokerage engagement has not been entered into with the party or in which the Broker is acting in a dual agency capacity. In the event the Broker is practicing designated agency, only the designated agent of a client shall be an authorized agent of the client for the purposes of receiving notice.
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