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BROKER CORNER

The Contract Details That Can Come Back to Haunt You

9/5/2026

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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.
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