01/31/2026
Important Update:
FAQ's for the New State of Emergency Effective 1.30.26
Governor Kemp has declared a new statewide State of Emergency (“SOE”) in Georgia effective at noon on January 30 through February 6. The GAR Purchase and Sale Agreement anticipated this exact scenario, and Weissman is here to help you navigate it with confidence. Below is a quick refresh on what the form says, along with an FAQ breaking down what the new SOE means and what (if anything) you need to do.
GAR F201 – Section C.4(c) 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 eight (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.”
State of Emergency FAQs
1. How do I count the number of days for this SOE?
The SOE runs from January 30 (Day 1) through February 6 (Day 8). That means all unexpired deadlines are automatically extended 8 days.
2. My closing date was February 1. What is the new closing date?
The new closing date is February 9.
3. Our deadlines were already extended 8 days by the first SOE. Since deadlines don’t extend more than 8 days, do they extend again?
Yes. The 8-day cap applies per SOE, not per transaction. This new SOE extends all unexpired deadlines an additional 8 days.
4. My buyer is under a builder or new construction contract. Do deadlines extend?
No. The SOE language applies only to contracts written on 2025 and 2026 GAR Form F201.
5. My buyer’s offer hasn’t been accepted yet. Do I need to add special language to address the SOE and send a new offer?
No. If a contract becomes binding during a pending SOE, the automatic extension does not apply.
6. My contract went binding at 10:00 a.m. on January 30, but the SOE begins at noon on January 30. Do deadlines extend?
No. The extension applies only if the SOE is declared after the binding agreement date, not on that date. Since days in the GAR forms begin at midnight and end at 11:59 p.m., this SOE will only impact contracts that became binding agreements on or before January 29. Similarly, deadlines extended by the SOE will be extended until 11:59 p.m. on the date of the new deadline (unless the parties agree otherwise in writing).
7. We closed on January 29, and the seller has a 3-day temporary occupancy. Does that get extended too?
No. The SOE language does not survive closing. Since closing occurred before the SOE, the temporary occupancy period is not extended. If closing had not occurred and was extended 8 days because of the SOE, the temporary occupancy period would end 3 days after the new closing date.
8. Due diligence expired on January 29. Does the buyer get 8 more days?
No. Only unexpired deadlines are extended. Expired deadlines are not revived.
9. Can we still close on Monday, February 2?
Absolutely. The parties can mutually agree in writing to keep the original closing date.
10. Do the due dates for earnest money and earnest money cure periods extend, and if so, do they extend in banking days or calendar days?
Yes, all unexpired deadlines are extended 8 days, including dates related to earnest money. Even though some earnest money-related days are counted in banking days, the extension would apply in calendar days because the final deadline is what is extended.
11. How do I notify the seller of the new extended deadlines?
Because the extension is automatic, the parties do not have to send notice or sign anything for the deadlines to be extended; however, the best practice is clear communication. The buyer or seller may send the other party:
GAR Form F816 (Notice) identifying the new dates, or
GAR Form F264 (Reminder of Important Dates) with updated deadlines
We’re Here for You
As always, if you have questions about how the State of Emergency language applies to your transaction, reach out to Weissman. We’re here to support you, keep deals moving, and help you navigate these situations with confidence and ease.
At Weissman, we handle any legal need for the real estate community and beyond. From commercial to residential. Litigation to trial. And everything in between. Whether you’re buying, selling, developing, or facing legal trouble — we’ll help you stay protected.
