Under Georgia law and GAR contract provisions, which statement most accurately describes the rules governing who may hold earnest money in a real estate transaction?
Correct Answer
C) The holder designated in the contract is the party authorized to hold the funds, and no other party should assume control without proper authority.
Option C is correct. The party designated in the contract as the holder or escrow agent is authorized to hold the earnest money, and no other party should assume custody without proper authority. Option A is incorrect because Georgia transactions may use authorized holders other than the listing broker, including closing attorneys when designated. Option B is incorrect because a licensee involved in the transaction cannot unilaterally take custody. Option D is incorrect because GREC is not the earnest-money depository.
Why This Is the Correct Answer
Why the Other Options Are Wrong
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Related Topics & Key Terms
Key Terms:
Related Concepts
Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.
A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.
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.
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?
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Previous Question
A buyer fails to obtain financing by the deadline specified in a GAR purchase contract, and the seller claims the earnest money should be forfeited. The buyer argues the funds should be refunded because the financing contingency was never waived. Which statement best describes how Georgia law and GAR forms address earnest money disposition when a transaction fails to close?
Next Question
Agent Sarah receives a $5,000 earnest money check from buyer Johnson on Friday afternoon for a GAR Purchase and Sale Agreement. The seller is out of town until Tuesday. According to BRRETA requirements, when must Sarah deposit the earnest money?