Important Update:


On September 28, 2026, Governor Brian Kemp declared a 30-day statewide State of Emergency related to petroleum supply disruptions, effective September 29, 2026.


The Georgia Association of REALTORS® Purchase and Sale Agreements provide that if the Governor declares a State of Emergency after the Binding Agreement Date in the county where the Property is located, all unexpired deadlines in the Agreement, including the Closing Date, are automatically extended for the number of days the State of Emergency is in effect, up to a maximum of eight days.


Because the current State of Emergency was declared on September 28, any unexpired deadlines in GAR contracts with a Binding Agreement Date on or before September 27 are impacted. For example, if a Due Diligence Period was originally scheduled to expire on October 1, it will automatically extend eight days and expire on October 9 at 11:59 p.m.


Because the extension is automatic, the parties do not need to agree to it or sign an amendment for the extension to apply. 


However, if the parties instead want to keep their original contractual deadlines, they may sign an amendment containing language such as:



“No deadline in this Agreement, including the Closing Date, shall be extended solely by reason of the 30-day State of Emergency declared by Governor Brian Kemp on September 28, 2026, effective September 29, 2026.”


If the parties want only the Closing Date to remain unchanged, they can use GAR Form F716, Amendment to Change Closing/Possession Date, to amend the Closing Date back to the date in effect before the automatic extension.


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.


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