2006 GAR Forms Changes · 1/1/2021 · Entire Agreement subsection; new GAR Forms subsection;...

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

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Seller Can do the Following

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Contract to Sell the Property

FOR


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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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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Agency and Brokerage TRAIN

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– now TRAIN

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now ¶TRAIN

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A6; added additiTRAIN

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Seller Has the FollowTRAIN

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Seller Has the FollowTRAIN

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Seller Can do the FollowingTRAIN

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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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when applicable

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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(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;


¶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)


*** 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


¶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 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

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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(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 ; modified language

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ING A(4); added language to (a) and removed “of Prope

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ING A(4); added language to (a) and removed “of Property” from (b); new sections (c) and (d)

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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


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 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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(8) with language modifications

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with language modifications

; added additional language

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¶C(

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C(6

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6); added reference to law cod

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); added reference to law cod; new Assignability subsection;

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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)(jC(7)( )

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Interpretation;

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C(7)(m

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)); language modified

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); language modified¶

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¶C(7)(e)

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C(7)(e)C(7)(g);

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C(7)(g); language modified

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language modified k

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k); retitled “Notices between Buyer and Broker”

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); retitled “Notices between Buyer and Broker”moved to

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moved to ¶

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¶C(7)(p)

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C(7)(p)C(10); slight language modifications; updated CB13 title

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C(10); slight language modifications; updated CB13 titlechanged brokerage referencesTR

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changed brokerage references

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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


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

FOR

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

TRAIN

ING

subsection (e) reworded; subsection (f) reworded

TRAIN

ING

subsection (e) reworded; subsection (f) reworded

language modified

TRAIN

ING language modifiedadded language regarding flooding

TRAIN

ING added language regarding flooding

(A); subsequent ¶s renumbered

TRAIN

ING

(A); subsequent ¶s renumbered

retitled “Governing Law and Interpretation; now ¶1

TRAIN

ING

retitled “Governing Law and Interpretation; now ¶1

; language updated

TRAIN

ING

; language updated

corrected “Seller” to “Owner” in all instances

TRAIN

ING

corrected “Seller” to “Owner” in all instances

now ¶17;

TRAIN

ING

now ¶17; updated Lead Based Paint form nu

TRAIN

ING

updated Lead Based Paint form nu

Exclusive Leasing Listing Agreement

TRAIN

ING

Exclusive Leasing Listing Agreement retitled subsection (a) to “Generally”

TRAIN

ING

retitled subsection (a) to “Generally” Limits on Broker’s Authority

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ING

Limits on Broker’s Authority –

TRAIN

ING

– added language regarding flooding

TRAIN

ING

added language regarding flooding

TRAIN

ING

moved to ¶14(A); subsequent ¶s renumbered TRAIN

ING

moved to ¶14(A); subsequent ¶s renumbered moved to ¶14(H)TR

AININ

G

moved to ¶14(H)now ¶14; alphabetizedTR

AININ

G

now ¶14; alphabetizedretitled “Governing Law and Interpretation; now ¶14(G); added additional language to match other TR

AININ

G

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


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)

FOR

C(4)(l) Survival of Agreement

FOR

Survival of Agreement subpa

FOR

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

TRAIN

ING changed broker references

TRAIN

ING changed broker references cing ACH use

TRAIN

ING cing ACH uselanguage added about continuous right to access property

TRAIN

ING language added about continuous right to access propertyadded language that brokers are third

TRAIN

ING added language that brokers are thirdanguage addressing flooding

TRAIN

ING anguage addressing flooding

added latent disclosure form reference

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ING

added latent disclosure form reference; changed “damaged” to “destroyed”

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ING

; changed “damaged” to “destroyed”

added clarifying language

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ING

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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ING

Added Form number reference for Disclosure of Latent Defects Added new language above signature lines

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ING

Added new language above signature linesUpdated broker references on signature lines

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ING

Updated broker references on signature lines

Condominium Resale Purchase and

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Condominium Resale Purchase and Sale

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Sale on sentence by creating two sentences; changed “which” to “Such”

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on sentence by creating two sentences; changed “which” to “Such”; changed last “of” to “or”

TRAIN

ING

; changed last “of” to “or”Changed “use” to “used”

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Changed “use” to “used”

Lot Purchase and Sale Agreement TRAIN

ING

Lot Purchase and Sale Agreement added ACH optionTR

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added ACH optionBrokerage Relationships in this TransactionTR

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G

Brokerage Relationships in this TransactionTRAIN

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added language referencing ad valorem taxesTRAIN

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added language referencing ad valorem taxes–TR

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– added language referencing ACH useTRAIN

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added language referencing ACH use

ONLY

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


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


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


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

TRAIN

ING section removed

TRAIN

ING section removed –

TRAIN

ING

– added to F231 New Construction Exhibit; subsequent

TRAIN

ING added to F231 New Construction Exhibit; subsequent

changed broker references

TRAIN

ING

changed broker referencesnguage referencing ad valorem taxes

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ING

nguage referencing ad valorem taxesadded language referencing ACH use

TRAIN

ING

added language referencing ACH usecorrected “off” to “of”

TRAIN

ING

corrected “off” to “of”Completion of Construction and Certificate of Occupancy

TRAIN

ING

Completion of Construction and Certificate of Occupancy

TRAIN

ING

removed reference to liquidated damages

TRAIN

ING

removed reference to liquidated damages

added language that brokers are third

TRAIN

ING

added language that brokers are thirdadded disclaimer language addressing flooding

TRAIN

ING

added disclaimer language addressing floodinglanguage added about continuous right to access property

TRAIN

ING

language added about continuous right to access propertychanged “substantially damaged” to “substantially destroyed”

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ING

changed “substantially damaged” to “substantially destroyed”d language

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d language Survival of Agreement TR

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Survival of Agreement –TRAIN

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– added clarifying language to subparagraph (3); new subparagraph (5); subsequent TRAIN

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added clarifying language to subparagraph (3); new subparagraph (5); subsequent subparagraph renumberedTR

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G

subparagraph renumberedAdded new language above signature linesTR

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G

Added new language above signature linesUpdated broker references on signature linesTR

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G


ONLY

Temporary Occupancy Agreement for Buyer Prior to Closing Exhibit

ONLY

Temporary Occupancy Agreement for Buyer Prior to Closing Exhibit


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;


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


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

FOR

Lead-

FOR

-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

TRAIN

ING sociated Salesperson” to “affiliated

TRAIN

ING sociated Salesperson” to “affiliated licensees

TRAIN

ING licensees

Request for Confirmation of Presentation of Offer/Counteroffer

TRAIN

ING

Request for Confirmation of Presentation of Offer/Counteroffer

NEW FORM

TRAIN

ING

NEW FORM

perty Disclosure Statement Exhibit

TRAIN

ING

perty Disclosure Statement Exhibitadded additional questions about replacement and service dates

TRAIN

ING

added additional questions about replacement and service datesadded question about age of water heater

TRAIN

ING

added question about age of water heaterTermites, Dry Rot, Pests and Wood Destroyi

TRAIN

ING


TRAIN

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ng Organisms

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ING


TRAIN

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Seller’s Disclosure of Latent Defec

TRAIN

ING

Seller’s Disclosure of Latent Defects

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ts

Seller’s Property Disclosure Statement Exhibit (CTRAIN

ING

Seller’s Property Disclosure Statement Exhibit (CSystems and ComponentsTR

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Systems and Components –TRAIN

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– added additional questions about replacement and service datesTRAIN

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added additional questions about replacement and service datesTRAIN

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Sewer/Plumbing Related ItemsTRAIN

ING

Sewer/Plumbing Related ItemsTRAIN

ING

Termites, Dry Rot, Pests and Wood Destroying OrganismsTRAIN

ING

Termites, Dry Rot, Pests and Wood Destroying OrganismsTRAIN

ING

ONLY


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

TRAIN

ING h paragraph

TRAIN

ING h paragraph

nged broker references on signature lines

TRAIN

ING

nged broker references on signature lines

RD Loan Contingency Exhibit

TRAIN

ING

RD Loan Contingency Exhibit

Changed “within” to “not later than” and “of” to from in each paragraph

TRAIN

ING

Changed “within” to “not later than” and “of” to from in each paragraphChanged broker references on signature lines

TRAIN

ING

Changed broker references on signature lines

Moved last sentence to TRAIN

ING

Moved last sentence to ¶ TRAIN

ING

¶7(D)TRAIN

ING

7(D); eliminated second to last sentence TRAIN

ING

; eliminated second to last sentence

Institutional Second Mortgage Contingency ExhibitTRAIN

ING

Institutional Second Mortgage Contingency ExhibitChanged broker references TR

AININ

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Changed broker references

ONLY

; clarif

ONLY

; clarif

; added language referencing

ONLY

; added language referencing

bolded “Buyer shall pay”

ONLYbolded “Buyer shall pay”Services and Amenities Included

ONLYServices and Amenities Included

ONLY


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


FOR

Added new language above signature lines Changed broker references on signature lines

FOR


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

TRAIN

ING

language and options modified

TRAIN

ING


s re

TRAIN

ING s re-

TRAIN

ING -letter

TRAIN

ING lettered

TRAIN

ING ed

Out Clause in this Transaction”; section reformatted with updated

TRAIN

ING

Out Clause in this Transaction”; section reformatted with updated

Added “Date” after “Binding Agreement”

TRAIN

ING

Added “Date” after “Binding Agreement”


TRAIN

ING

Added new language above signature lines Changed broker references on signature lines

TRAIN

ING


Amendment to Address Concerns with Property

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Amendment to Address Concerns with PropertyAdded new language TR

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Added new language above signature lines TRAIN

ING

above signature lines Changed broker references on signature linesTR

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Amendment to Remove ContingencyTRAIN

ING

Amendment to Remove ContingencyAdded language that removal of the contingencies does not eliminate rights benefitting sellerTR

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G

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



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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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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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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Owner’s Property Disclosure Statement (Lease) ExhibitTRAIN

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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”


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(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;


¶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)


*** 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


¶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)

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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 rage



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(

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¶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

ING ved “of Property” from (b); new sections (c) and (d)moved to ¶C6 Miscellaneous

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ING moved to ¶C6 Miscellaneousnow ¶A6; added additional language regarding dual agency

TRAIN

ING now ¶A6; added additional language regarding dual agencySpecial Circumstances That Will Require Third

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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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;

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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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Sharing of Broker’s Commission with Cooperating BrokTRAIN

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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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ONLY

; modified languageONLY

; modified language


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

2006 GAR Forms Changes · 1/1/2021 · Entire Agreement subsection; new GAR Forms subsection;...

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Transcript of 2006 GAR Forms Changes · 1/1/2021 · Entire Agreement subsection; new GAR Forms subsection;...