A special stipulation in a GAR contract states: 'All appliances to remain with property in working condition.' During the final walkthrough, the buyer discovers the dishwasher is not working. The seller claims it worked during the inspection period. Who is responsible?
Correct Answer
A) The seller, because the special stipulation requires working condition at closing
The special stipulation creates an obligation for appliances to be in working condition, which extends through closing. The seller must ensure compliance with this term. A is incorrect because the inspection period doesn't waive the special stipulation requirement. C is incorrect because the special stipulation overrides any 'as-is' provisions. D is incorrect because the obligation falls on the seller per the stipulation.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Ga Contracts Gar Forms Question
Background Knowledge for Ga Contracts Gar Forms
Real World Application in Ga Contracts Gar Forms
Common Mistakes to Avoid on Ga Contracts Gar Forms Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.
Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.
Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.
More Ga Contracts Gar Forms Questions
A non-REALTOR® licensee asks whether the fact that GAR forms require membership access proves they are state-mandated documents. Which statement best reflects the correct understanding of GAR forms under Georgia law?
Under standard Georgia residential purchase contracts, which statement most accurately describes how remedy provisions work when a party defaults?
A seller breaches a purchase and sale agreement for a $300,000 home. The buyer deposited $8,000 in earnest money and spent $3,500 on inspections and an appraisal. The property's current market value is $320,000. If the buyer elects to sue for benefit-of-the-bargain damages under Georgia law, what is the most the buyer could recover in damages (excluding the return of earnest money)?
A Georgia licensee encounters a complex legal issue during a condominium transaction that is not addressed by any standard GAR form provision. Which statement about the licensee's proper course of action is correct?
First-time homebuyers ask their salesperson to explain the consequences of breaching the purchase and sale agreement. How should the salesperson respond?
- → Under Georgia contract law and GAR form provisions, which statement most accurately describes how earnest money disposition is determined when a transaction fails to close?
- → Which of the following statements about GAR (Georgia Association of REALTORS®) forms is NOT correct?
- → Salesperson Karen is completing a GAR Buyer's Agreement with her clients. The buyers ask about the difference between exclusive and non-exclusive representation. What can Karen do within her license authority?
- → A Georgia exam-prep problem uses the following data. A Georgia contract states that, upon buyer default, the seller may keep liquidated damages equal to 1.0% of the purchase price, but not more than the earnest money actually paid. The purchase price is $322,600.00 and the earnest money paid is $7,000.00. What amount may the seller keep if the seller elects liquidated damages?
- → A GAR purchase and sale agreement includes a financing contingency with a specific deadline. The buyer fails to obtain loan approval by the deadline but does not notify the seller or request an extension. The listing agent asks whether the contingency has any effect on the parties' obligations. Which statement best reflects how contingencies function under Georgia contract law?
- → A Georgia real estate contract provides the non-breaching party with multiple potential remedies for default, including liquidated damages and specific performance, but does not explicitly state whether the party may pursue more than one remedy at the same time. Which statement best describes the legal issue this creates?
- → Under Georgia contract law and standard GAR forms, which statement most accurately describes the relationship between default remedies available to buyers and sellers?
- → A buyer under a GAR Purchase and Sale Agreement fails to apply for financing in good faith, does not make reasonable efforts to obtain a loan, and misses the financing deadline without requesting an extension. The buyer then refuses to close. Under the standard GAR form provisions, what happens to the earnest money?
- → A GAR Purchase and Sale Agreement includes a clause stating 'time is of the essence.' The buyer fails to close by the specified closing date. Under Georgia law, what is the legal effect of this clause?
- → Under GAR contract forms, which statement correctly describes the relationship between liquidated damages provisions and specific performance provisions?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
What to Review in the Last 72 Hours Before the Real Estate Exam Without Cramming Everything Again
Use the final 72 hours before the real estate exam to narrow your review, protect recall, and avoid panic cramming.
Real Estate Exam Financing: Mortgages, APR, Amortization (2026) + 20 Practice Problems
Learn mortgages, APR, amortization, and the financing questions most likely to appear—plus practice problems.
Cracking the Ethics Code: Navigating "What Next" Scenarios and Advertising Traps
Passing scores vary—learn how to verify your state’s requirement and set a safe target using practice tests.
Previous Question
In a GAR contract, the printed earnest money provision states '$2,000 due within 3 days,' but a special stipulation reads '$5,000 earnest money due within 5 days of acceptance.' The buyer submits $2,000 on day 4. Has the buyer complied with the contract?
Next Question
A buyer and seller in a Georgia transaction agree by text message to extend the due diligence deadline by five days, but no written amendment is executed and the original contract is never modified. The buyer later attempts to enforce the extended deadline. Under Georgia contract law and GAR form requirements, how should changes to contract deadlines be handled?