Georgia REALTORS® Forms Committee Release Additional Resources for Current Market Trends

The Georgia REALTORS® Forms Committee recognizes that in this current market, buyers are requesting that their brokers and agents draft special stipulations to make their offers more attractive in hopes of being the winning offer. On the other hand, sellers want their agents and brokers to ensure that with these high offers and new special stipulations, they are protected as well.

Currently, buyers and their agents and brokers are drafting special stipulations that they have previously never had to consider – much less draft on their own. Unfortunately, many special stipulations that REALTORS® are seeing out there have not been well-crafted.

The Forms Committee is providing TWO sets of documents to assist agents and brokers. As always, please speak with your broker before using any of the materials provided. Although the Forms Committee has provided these materials, your broker will always have the final say on what they deem appropriate for their agents to utilize in their transactions.

Please Note: The Forms Committee is not taking a position on whether to use the form or special stipulations provided in your transactions.

1. Disclosure to Buyers Purchasing Property in a Seller’s Market in TWO versions:
   • one that can be attached as an exhibit  to the buyer’s brokerage engagement agreement; and
   • one that can be used as a standalone acknowledgement  for those agents and brokers who are already in an existing brokerage relationship with their buyers.

Additionally, this form can also be used for those agents working with buyers as customers. This document addresses potential risks that buyers face when placing aggressive offers. Because the final terms of an offer are up to the buyer to make, this acknowledgement will hopefully deter buyers down the road from trying to blame their agent for the aggressive terms that they offered.

2. Special stipulations: A variety of individual special stipulations that agents and brokers can use in their transactions to address various circumstances and situations that buyers and sellers are facing in this current market. Prior to using any of these special stipulations, please be sure that you fully understand the use and purposes of these special stipulations.

Please note that these materials are not officially part of the Georgia REALTORS® 2021 Forms Package, and they will not be released to forms vendors. If you wish to utilize the Buyer’s Disclosure form and special stipulations, you will need to manually upload the documents yourself.