A new year brings with it – DRUMROLL PLEASE – new changes to the GAR forms! These changes range from correcting minor typos to bigger changes prompted by the NAR settlement. While Campbell & Brannon recommends all agents attend a 2025 GAR Changes CE class to learn about all the changes and be equipped to advocate for your clients in light of those changes, we are bringing you what we consider to be the top ten changes to the 2025 forms. Top Ten 2025 GAR Form Changes“Whether Compensation is Paid to Buyer’s Broker” In this section, the Seller selects how they would like their agent to respond when a Buyer’s agent asks about Compensation. This new format provides Seller the option to be open to receiving offers where Seller pays Compensation to Buyer’s Broker or to not market Compensation at all. Value of Services Provided The language in the Buyer Brokerage Agreements has been amended to emphasize the value of the services provided. The value of your services shouldn’t change depending on who is paying the Compensation, so the Buyer’s agent cannot accept any Compensation greater than the amount the Buyer is obligated to pay. This form allows you to open the door for a potential Buyer and remain compliant with the NAR Settlement, which requires an agreement before you show a home. Warning! This new form does not provide for Compensation! If exercising the right to unilaterally extend the contract under the Right to Extend the Closing Date (B(4)(a)), notice of the extension must be delivered to the other party before 8:00pm on the day of Closing. Although a party cannot unilaterally extend after 8:00pm remember that the Closing Date runs until 11:59pm, so the parties could still agree to mutually extend the Closing Date. There is a new paragraph in the Purchase and Sale Agreement for Delays Caused by Emergencies (C(4)(c)). If the Governor of Georgia declares a state of emergency for the county in which the Property is located, ALL deadlines in the contract automatically extend for the number of days the emergency exists. This extension happens automatically and does not require the parties to send notice. Now includes the question, “[a]re there any underground pipelines crossing the Property that do not serve the Property?” Notice that this does not define the type of pipelines, so you will want to consider water, sewer, and drainage lines as well as larger pipelines like the Colonial Pipeline. Ask your seller if they have a survey of their Property – if their survey shows any pipes then they have constructive knowledge of the pipes and need to disclose them! If an agent is receiving Compensation from the Seller, the EPA requires that they inform the Seller of their obligation to disclose lead-based paint. GAR created two new forms to help agents fulfill this requirement: one for the Buyer’s Broker to provide notice to the Seller (F317) and one for the Seller’s Broker to provide notice (F318) if the notice wasn’t already included in their listing agreement. Now includes a signature line for the Buyer. Buyer and/or Seller must sign F255 if they are paying the Buyer’s Broker’s Compensation. Buyer does not sign if the Seller is paying all Compensation. In 2024, Fannie/Freddie changed their underwriting guidelines which made many condos no longer eligible for financing but lenders would not find out until after the financing contingency expired. To combat this, a condo contingency was added to the financing contingencies to allow the Buyer to terminate without penalty up to the closing date if the condo does not meet the lender’s underwriting guidelines. All references to the Seller’s Broker have been removed. It is designed to be used as a tool to negotiate the payment of the Buyer’s Broker’s Compensation. Since F259 no longer includes the Seller’s Broker’s Compensation we must receive an Instructions to Closing Attorney (F255) for every closing.
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