10/09/2026
*IMPORTANT GAR FORMS REMINDER*
On Thursday, October 8, 2026, Governor Kemp declared a statewide State of Emergency in preparation for Hurricane Isias, which will remain in effect through October 15, 2026, unless it is extended by the governor.
Members using the 2026 GAR Forms are reminded to note the language included in the 2026 Purchase and Sale Agreement regarding emergencies: "Delays Caused by Emergencies: If at any point after the Binding Agreement date the Governor of Georgia declares a state of emergency for the county in which the Property is located, all unexpired time deadlines herein, including but not limited to the Closing Date, shall automatically extend for the number of days the emergency exists in that county, but not more than 8 days. Nothing herein shall prevent the parties by mutual agreement from proceeding forward without extending such deadlines. No deadline shall be extended if this Agreement becomes a binding agreement during a state of emergency."
This State of Emergency is separate from the one issued on September 28 for Petroleum Supply Disruptions, even though both are in effect at the same time. Therefore, for all contracts written on a GAR form that became binding prior to the declaration of the October 8, 2026, State of Emergency, unexpired deadlines - including the Closing Date - will automatically be extended for eight days. This includes contracts that already had an automatic extension from the State of Emergency issued on September 28. Parties that wish to keep their original deadlines must execute an amendment to that effect.
If you require legal advice, please consult your attorney. We urge everyone to stay safe and weather-aware throughout the weekend.