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There's a little bit of fake money involved in buying homes in Georgia

By
Real Estate Broker/Owner with Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 GREC# 169695

I've written about due diligence before and if you don't know that that is in a Georgia Contract I suggest you read these two posts about it...

What is due diligence in the GAR contract?

Can a seller accept a higher offer during the due diligence period?

So now I want to talk about the fake money in our contract.  In some states buyers actually pay real money for the option period also known ass the due diligence period, but in Georgia they don't.  Buyers actually get this option for free.

 

The GAR contract that we use at Lane Realty for our buyers states the due diligence period is purchased from the buyer giving $10 to the seller.  But that money doesn't actually ever change hands.  It's "mythical", "fake", "non-existent" money. In a court of law if both parties have signed the contract the money is legally determined to have changed hands.  So in Georgia the due diligence period is currently free to buyers.  Of course the money you actually purchase the house with, yeah, that part has to be real. (sorry buyers)

There is no set or standard length of due diligence, it is a negotiated amount of time.  Also other contingencies do not necessarily have to fall within the same time period with examples being financing, appraisal or even selling another home. But I'll write more about contingencies in Georgia contracts soon.  

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Tammy@Lake-Sinclair.com

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Tammy Lankford, Broker/Owner

 

Broker License # 169695  Lane Realty License # H-11420

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Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

It's amazing how contracts are written up differently from state to state.  We do not have a due diligence period of time in our contracts.  We have inspection times but it covers inspections not neighborhood research and such.

Oct 18, 2014 02:38 PM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning Tammy. Fake money.....now that's a new one to me. No real good faith deposit?

Oct 19, 2014 12:31 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Tammy, it is interesting how different our contracts can be between States.  We don't have this at all.  

Oct 19, 2014 02:11 AM
Joy Daniels
Joy Daniels Real Estate Group, Ltd. - Harrisburg, PA

Like Joan said, wow - things are different from state to state.  I like the clause about "Duty to Inspect Neighborhood!".  I think we should add that to our contracts.  

Oct 19, 2014 02:31 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Evelyn Johnston it is funny what we learn from state to state

Sheila Anderson "option" money is different from the Earnest money deposit which is VERY real and a negotiated amount.  This "option" money is for the right to inspect and withdraw during the due diligence period.

Joan Cox our state added this just a few years ago.  I expect at some point the option money to become a real negotiated amount.

Joy Daniels certainly goes a long way in preventing a buyer from suing over an issue about the neighborhood after closing.

 

Oct 19, 2014 03:32 AM
Anonymous
Nena Pratt

I am a retired Realtor. Personally, I think if the contract states that the buyer pays seller $10 for the option to inspect seller's property and terminate for no reason..... Then, agents should be collecting the $10 from the buyer and giving it to the seller. Fake Money in Contracts should not exist! It makes the contract feel loosing-goosie! All parties should adhere to the terms of the contract; therefore, no Fake Money should every exist.

Sep 15, 2019 03:59 PM
#6