Johnson County Memorandum of Purchase and Sale Agreement Form (Georgia)

All Johnson County specific forms and documents listed below are included in your immediate download package:

Memorandum of Purchase and Sale Agreement Form

Johnson County Memorandum of Purchase and Sale Agreement Form

Fill in the blank Memorandum of Purchase and Sale Agreement form formatted to comply with all Georgia recording and content requirements.
Included Johnson County compliant document last validated/updated 12/13/2024

Memorandum of Purchase and Sale Agreement Guide

Johnson County Memorandum of Purchase and Sale Agreement Guide

Line by line guide explaining every blank on the Memorandum of Purchase and Sale Agreement form.
Included Johnson County compliant document last validated/updated 12/13/2024

Completed Example of the Memorandum of Purchase and Sale Agreement Document

Johnson County Completed Example of the Memorandum of Purchase and Sale Agreement Document

Example of a properly completed Georgia Memorandum of Purchase and Sale Agreement document for reference.
Included Johnson County compliant document last validated/updated 12/13/2024

When using these Memorandum of Purchase and Sale Agreement forms, the subject real estate must be physically located in Johnson County. The executed documents should then be recorded in the following office:

Clerk of Superior Court

101 East Elm St, Wrightsville, Georgia 31096

Hours: 9:00am - 5:00pm

Phone: (478) 864-3484

Local jurisdictions located in Johnson County include:

  • Kite
  • Wrightsville

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Johnson County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Johnson County using our eRecording service.
Are these forms guaranteed to be recordable in Johnson County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Johnson County including margin requirements, content requirements, font and font size requirements.

Can the Memorandum of Purchase and Sale Agreement forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Johnson County that you need to transfer you would only need to order our forms once for all of your properties in Johnson County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Georgia or Johnson County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Johnson County Memorandum of Purchase and Sale Agreement forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

In Georgia, recording a Memorandum of Purchase Agreement instead of the full Purchase Agreement is a common practice for several important reasons:
1. Privacy Protection
• Limited Disclosure: A Purchase Agreement contains many detailed terms that the parties may prefer to keep private, such as the purchase price, payment terms, or specific contingencies. By recording a Memorandum of Purchase Agreement, only essential details (e.g., parties involved, property description, and the existence of the agreement) are made public, keeping the sensitive terms confidential.
• Public Record Privacy: Recording the full Purchase Agreement would make all of its terms accessible to the public, which may not be desirable for either party, especially for large or high-profile transactions.

2. Notice to Third Parties (Constructive Notice)
• Protecting Buyer’s Interest: Recording a Memorandum serves as constructive notice to third parties that there is a pending contract on the property. This prevents the seller from selling the property to another buyer during the term of the Purchase Agreement. Once the Memorandum is recorded, any future potential buyers or lenders are put on notice of the existing purchase contract, protecting the buyer’s interest.
• Clouding Title: The recorded Memorandum clouds the title of the property, making it difficult for the seller to transfer or encumber the property without addressing the existing Purchase Agreement. It ensures that the buyer has an equitable claim on the property that must be resolved before any other transfer or claim.

3. Simplicity and Cost-Effectiveness
• Shorter Document: A Memorandum of Purchase Agreement is typically a much shorter document than the full agreement. This makes it easier and faster to record. Many counties charge recording fees based on the number of pages, so recording the shorter Memorandum can reduce costs compared to recording the entire Purchase Agreement.
• Avoiding Excess Paperwork: Georgia’s recording system allows for the recording of summary documents like Memoranda to provide notice without the administrative burden of recording lengthy contracts.

4. Flexibility in Negotiations
• Contingent Agreements: Sometimes, Purchase Agreements are contingent on certain conditions, such as financing or inspections. Recording the full Purchase Agreement might disclose these contingencies, which could undermine negotiations. A Memorandum, however, only discloses the fact that a contract exists without divulging details that could affect ongoing negotiations or contingencies.

5. Key Considerations:
• Recording in Public Records: The memorandum is typically recorded to prevent other parties from attempting to acquire an interest in the property without knowledge of the pending transaction. Georgia law allows for various real estate-related documents to be recorded with the county clerk of the superior court where the property is located.

6. Legal Sufficiency
• Binding Notice: Under Georgia law, recording a Memorandum of Purchase Agreement has the same effect as recording the full agreement in terms of providing legal notice. It is sufficient to establish that there is an agreement affecting the property, so there is no legal requirement to record the entire Purchase Agreement as long as the Memorandum fulfills the notice purpose.
• Recording a Memorandum of Purchase Agreement in Georgia offers privacy, efficiency, and legal protection without exposing the full details of the transaction. It serves the main purpose of notifying the public of the buyer’s interest in the property while keeping confidential terms private and saving on costs and effort. This is the preferred practice in real estate transactions where recording the entire Purchase Agreement would be unnecessary and potentially disadvantageous.

Relevant Statutes:
1. O.C.G.A. § 44-2-1 et seq. (Georgia Recording Statutes): These statutes govern the recording of deeds, leases, and other instruments affecting real property in Georgia. Under these statutes, certain documents, including those related to the conveyance or encumbrance of property, can be recorded to provide public notice.

2. O.C.G.A. § 44-14-61 (Filing of Liens): This statute refers to the recording of certain documents in relation to property interests. While primarily about liens, it underscores the general principle that documents affecting property rights (including purchase agreements or their memoranda) may be recorded.

3. O.C.G.A. § 44-5-30 (Conveyance of Land): This statute generally governs the requirements for transferring real property interests in Georgia. A memorandum related to a purchase agreement might be treated as notice under these general provisions when recorded.

4. O.C.G.A. § 44-14-162: Though focused on foreclosure, this section emphasizes the requirement to provide notice for transactions affecting real estate. A "Memorandum of Purchase Agreement" serves a similar notice function for sales agreements.

Our Promise

The documents you receive here will meet, or exceed, the Johnson County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Johnson County Memorandum of Purchase and Sale Agreement form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4445 Reviews )

Dennis F.

December 20th, 2024

The release of mortgage form was OK, and accepted at the recorder's office, but there were some problems. Many of the fields to type in were too small to accept the data, and I could not find a way to change the field size or use a smaller font. Otherwise I was satisfied.

Reply from Staff

Your feedback is a crucial part of our dedication to ongoing improvement. Thank you for your insightful comments.

Frazer W.

December 19th, 2024

Deeds.com does a great job getting our legal documents filed with the D.C. Recorder of Deeds.rnrnFrazer Walton, Jr.rnLaw Office of Frazer Walton, Jr.

Reply from Staff

Your appreciative words mean the world to us. Thank you.

Ann D.

December 16th, 2024

I found what my lawyer recommended and was able to download it easily.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Kitty H.

February 19th, 2019

I have had it reviewed by a mortgage broker and a title manager and both said it was done correctly! Your product and the instructions are what made this possible. It took me several hours as I continued to review your information. I just finished printing and ready to file. Yeah! Thanks! Highly recommend the product!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Margaret C.

February 9th, 2021

I recieved my document in a reasonable amount of time. I thought being a member i would be able to look up more than 1 document but it keeps asking me for more money. I requested help, asking if I need to pay for each document but have not yet been answered. I appreciate the fact I got 1 document I needed quickly.

Reply from Staff

Thank you!

Gertrude M.

January 31st, 2023

Rating 5 stars

Reply from Staff

Thank you!

Jessica H.

March 3rd, 2021

As a first time user I was a little skeptical of the service. But Deeds.com put all my worries aside. Their service is quick and easy. I will definitely be using it again.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Janice L.

April 27th, 2021

The forms were easy to request.
I'm assuming that the download will be as well.
Im so glad that I can upload the information
without having to leave my home.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Angela D.

August 19th, 2020

The only problem I had was that it doesn't let you create a file for all documents to go into as one.
Mahalo
Angie

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

MYRON J.

October 24th, 2019

Great way to track and save forms.

Reply from Staff

Thank you!

Diane C.

December 5th, 2019

Hey, great job! Love these forms. They make the process really easy.

Reply from Staff

Great to hear Diane, have a fantastic day!

John L.

February 4th, 2020

Everything worked great. I hope I can get back to the document if I need to make changes.

Thanks,
John Lazur

Reply from Staff

Thank you!

Roger E.

August 30th, 2019

I have not yet used the product, but am confident that I will like it, because of this prompt request for a product review.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Lynn H.

January 12th, 2023

A very informative WEB site. It was simple to access the forms I needed for my specific situation. I would highly recommend Deeds.com.
I will be back with future needs when they arise! I was left with a very positive impression.
Thank you so much!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Robert M.

February 22nd, 2020

Best site of its kind I have ever found. Informative, intuitive, and best of all, everything worked on the first try. I will be HAPPY to recommend it. --- A retired full prof of business administration

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!