Purchase and Sale Agreement (Ga_PurchaseandSaleAgreement_wd2007.docx): If you are selling jointly fill in the name of both husband and wife and leave the Buyer’s name blank. “Lot” and “block” are part of the legal description of the property and can usually be found on the deed. Leave blank if you can’t find it and fill in City, County and Street address. Fill in all information that will not change plus your asking price at the top of paragraph 3, and print several copies. Paragraphs 3 and 4 can’t be filled out without a potential buyer who has agreed to your price and is prepared to say how much cash he or she can offer as a down payment and what kind of mortgage loan he or she will try to get.
Seller’s Property Disclosure Statement (Ga_Sellers_Disclosure_wd2007.docx): Fill in the blanks, make several copies, and attach a copy to each Contract For Purchase And Sale. The purpose of this document is to allow the Seller to tell the Buyer what he or she knows about the property. It does NOT require research. “Don’t know” or “Unknown” are perfectly acceptable answers.
Lead Paint Disclosure (Ga_LeadPaintDisclose.doc): If the home was built before 1978 Seller must tell Buyer of any knowledge of lead based paint hazards. Sale of the property might be contingent on an inspection of the property for lead paint hazards.
Additional forms and contracts for selling a house:
Homeowner’s Association Disclosure (Ga_Home_Assoc_Disclosure_wd2007.docx): Most homes built after 1980 are in sub-divisions where owners are required to join Homeowner’s Associations and pay dues to maintain common property. Fill out this form if your Buyer will be required to join a Homeowner’s Association.
Amendment To Purchase and Sale Agreement (Ga_General_Amendment_wd2007.docx): This is essentially a blank form to provide space for the Seller and Buyer to specify terms not included in the Purchase and Sale Agreement. In most cases, the new terms can be copied from our Special Stipulations form, or ‘cut’ and ‘pasted” into the blank space on the Amendment.
Agency and Brokerage Attachment (Ga_BrokerageAttach.doc): If Seller or Buyer is represented by a real estate broker, the broker must state who they are representing and in what capacity. Georgia real estate brokers and agents use a version of the Purchase and Sale Agreement with the Agency and Brokerage section already included.
Escrow Agreement (Ga_Escrow_Agreement_wd2007.docx): When selling a home with the help of a real estate broker, the broker usually holds the Buyer’s earnest money deposit. The Escrow Agreement provides a place for the Seller and Buyer to name a third party to hold earnest money and other deposits. It also specifies the conditions under which the deposit are returned to the Buyer or transferred to the Seller.
Counter Offer (Ga_Counter_Offer_wd2007.docx): This is essentially a blank form that provides a medium for either the Seller or Buyer to describe terms they would like made to the currently offered Purchase and Sale Agreement. For simple changes like the purchase price amount the Seller or Buyer can simply draw a line through the offered amount and write an acceptable price directly onto the Purchase and Sale Agreement. The Counter Offer provides a more formal method of making complex changes.
Special Stipulations (Special_Stipulations_wd2007.docx): This is a plain text document with 24 clauses (paragraphs) that describe situations Sellers and Buyers often want to include in the Purchase and Sale Agreement. For instance, a Buyer may want to make the contract subject to approval of a father-in-law who is financing the purchase. These stipulations are in plain text format so they may easily be ‘cut’ and ‘pasted’ into the Special Stipulations section following paragraph 15 in the Purchase and Sale Agreement.They can also be pasted into the blank space of an Amendment to Purchase and Sale Agreement.
Forms for estimating net cash to Seller, and a Buyer’s ability to afford the asking price.
Net to Seller: This form allows user to enter estimates of all closing costs (balance on current mortgage loan, attorney’s fee, Title search, etc). The user manually subtracts the total estimated cost from the Purchase Price to get the amount of cash the Seller will receive at closing.
Buyer Pre-Qualification: This form records the prospective Buyer’s annual income and expenses and provides manual calculation formula to determine if Buyer can afford the asking price.
Buyer Pre-Qual Sample: Buyer Pre-Qualification form filled out for a Buyer with $48,000 annual income. Based on the sample Buyer’s monthly expenses, the form estimates that Buyer can afford a $144,000 house.
Documents for renting the property
Rental Application (Rental_Application_wd2007.docx): The first page of this three page document is designed to be filled out on line by the landlord while the other pages are for the rental applicant to fill in by hand.
Rental Residential Lease (Rental_Residential_Lease_wd2007.docx): A standard residential lease designed to be filled out on-line by the landlord.
Rental Walk Through checklist (Rental_Walk_Through_checklist_wd2007.docx): Designed to be filled in by hand, this document can be filled out on-line by typing above input descriptors such as “Tenant Name”. The purpose of the document is to records the status of the property when the tenant moves in and again when the tenant moves out.
The following documents assist the Seller in providing financing to a Buyer with insufficient cash or loan capacity. Seek the advice of a real estate attorney before using these documents.
Lease with Purchase Option (Lease_With_Purchase_Option_wd2007.docx): Allows a potential Buyer to lease the property and specifies a date by which this Buyer/Renter can opt to purchase the property at a specified price.
Seller Financing multiple document (Seller_financing_wd2007.docx): This document includes the following four documents. Each can be filled out and printed separately by selecting the appropriate pages.
Balloon Note: This is a mortgage loan with fixed monthly payments similar to a 30 year fixed rate mortgage, but the entire balance comes due usually within three years. The 3 years gives the Buyer time to arrange permanent financing through a regular mortgage loan provider. If the Buyer makes his or her payments on a timely basis but is unable to get permanent financing at the end of the loan period, the Seller will usually extend the Balloon Note for another 3 years (at a negotiated interest rate).
Balloon Note Sample: A sample balloon note filled out for a $45,000 loan that must be fully repaid within two years.
Mortgage Bond: Creates a regular mortgage loan from Seller to Buyer. This can be a first mortgage loan to fully finance the purchase, or a second mortgage to cover the difference between the price of the property and what the Buyer can finance.
Discharge of Mortgage: Used to certify that a mortgage loan from Seller to Buyer has been completely paid.