If you are under contract to buy or sell a home in Marietta, Georgia, there is a clause in the Georgia Purchase and Sale Agreement you should understand right now. Most buyers and sellers do not learn about it until it causes a last minute delay. By then, it can be stressful and expensive.
This clause deals with state of emergency declarations and how they affect real estate contract deadlines.
What the Georgia Purchase and Sale Agreement Says
The Georgia Purchase and Sale Agreement includes a section called Delays Caused by Emergencies.
Here’s the practical meaning.
If the Governor of Georgia declares a state of emergency for the county where the property is located, and the contract was already binding before that declaration, all unexpired deadlines automatically extend by the number of days the emergency exists. This includes due diligence, financing, appraisal, and even the closing date.
No amendment is required for this extension to take effect. It happens automatically under the contract.
The only exception is if both the buyer and seller agree to move forward without extending deadlines. That agreement should always be in writing.
Marietta is located in Cobb County. When a state of emergency is declared for Cobb County, this contract clause applies to homes under contract in Marietta.
This recently became especially relevant after Brian Kemp issued a statewide state of emergency ahead of a predicted storm. Many buyers and sellers were unaware that this type of declaration can directly affect their contract timelines.
Most people assume that once they are under contract, their dates are locked in. Movers are scheduled. Time off work is approved. Sellers often line up the purchase of their next home based on the same closing date.
This clause can change that.
If one party decides they need more time due to the state of emergency, they may be entitled to extend deadlines under the contract. Each emergency can allow extensions of up to eight days.
For sellers, this can create major challenges. Moving trucks may need to be rescheduled. Temporary housing may be required. A purchase on the next home could be delayed or put at risk.
For buyers, delays can impact interest rate locks, rental move out dates, and planned move ins. What feels like a small delay can quickly affect multiple parts of your life.
The contract allows buyers and sellers to agree not to extend deadlines related to a state of emergency. But this agreement should never be assumed.
If it is not documented in an amendment, one party could later decide they want more time. Under the contract, they would likely be justified in doing so.
This is why proactive planning matters. If everyone truly intends to stay on the original timeline, a simple amendment can protect both sides and remove uncertainty.
This is not about creating conflict. It is about clarity and protecting your move.
Georgia real estate contracts are detailed and very specific. Small clauses can have big consequences, especially during unusual events like storms or emergency declarations.
Understanding how these clauses work before they become an issue can make the difference between a smooth closing and a stressful delay.
If you are buying or selling a home in Marietta and want help navigating these details, ask early. Awareness and preparation are your best protection.
