Every real estate negotiation or transaction is unique by nature of the individuals involved and the property itself. Therefore, Special Stipulations are often needed to customize the transaction to the situation.
The Georgia Real Estate License Law does not require that any specific contract forms be used, only that they are written by legal counsel. About forty percent (40%) of Georgia Real Estate Licensees are members of the Georgia Association of Realtors® and as members they have access to the GAR® Contract forms. They do provide many Special Stipulations that address common contract issues. However, not everyone uses these forms and not every situation is common.
In those cases, the real estate Licensee must create a Special Stipulation for the specific situation. Although a Licensee is not authorized to practice law and draft legal documents, the Licensee in Georgia is allowed to write Special Stipulations for a contract that is written by an attorney. Consider the following tips for writing a Special Stipulation:
Article From Dec 2023 GREC Newsletter
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