Georgia Forms

Clarke County Memorandum of Purchase and Sale Agreement Form

Clarke County Memorandum of Purchase and Sale Agreement Form

Clarke 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.

Document Last Validated 5/20/2025
Clarke County Memorandum of Purchase and Sale Agreement Guide

Clarke County Memorandum of Purchase and Sale Agreement Guide

Line by line guide explaining every blank on the Memorandum of Purchase and Sale Agreement form.

Document Last Validated 3/4/2025
Clarke County Completed Example of the Memorandum of Purchase and Sale Agreement Document

Clarke 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.

Document Last Validated 7/24/2025

All 3 documents above included • One-time purchase • No recurring fees

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Important: Your property must be located in Clarke County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Clerk of Superior & State Courts
Address:
325 E Washington St, Rm 450
Athens, Georgia 30601

Hours: 8:30 to 5:00 M-F

Phone: 706.613.3190

Recording Tips for Clarke County:
  • Double-check legal descriptions match your existing deed
  • Recording fees may differ from what's posted online - verify current rates
  • Avoid the last business day of the month when possible

Cities and Jurisdictions in Clarke County

Properties in any of these areas use Clarke County forms:

  • Athens
  • Winterville

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Clarke County

How do I get my forms?

Forms are available for immediate download after payment. The Clarke County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Clarke County?

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

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Clarke County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Clarke County?

Recording fees in Clarke County vary. Contact the recorder's office at 706.613.3190 for current fees.

Questions answered? Let's get started!

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.

Important: Your property must be located in Clarke County to use these forms. Documents should be recorded at the office below.

This Memorandum of Purchase and Sale Agreement meets all recording requirements specific to Clarke County.

Our Promise

The documents you receive here will meet, or exceed, the Clarke 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

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May 4th, 2024

Great examples on how to fill out the quitclaim deed, but no info on how to fill out the cover sheet.

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June 17th, 2021

Very easy to sign up. Very quick to respond for payment once uploaded. Great communication. More expensive than other recording services.

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April 4th, 2019

Excellent instructions to guide one through the warranty deed.

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October 18th, 2024

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January 29th, 2021

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September 9th, 2020

The experience was great. It was so easy to get my document recorded and it was done the same day!

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January 24th, 2020

I was only able to download the QC form. Had to print the other docs

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November 7th, 2022

Very user friendly and easy. I appreciated the sample deed that was provided. Definitely recommend!

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Teresa H.

March 14th, 2019

I loved that there was a sample with the downloads. It made it much easier to fill out the document correctly.

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Patricia W.

January 29th, 2019

The "Trustee's Deed" should have been labeled a Deed of Trust because that's what it really is. So now I just wasted $19.97 getting something I can't use.

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June 24th, 2025

Very simple to use. The 'completed examples' are very helpful.

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Erik J.

January 8th, 2021

First time using Deeds.com and feel that your platform is clear and easy to use. I was also pleased with the messaging center and follow-up and also surprised at how quickly our particular deed was recorded and available to view. Having said that, when I first investigated Deeds.com the fee was $15 and as of 1/1/21 it has increased to $19 which I feel is pretty steep for the handling of 1 simple document especially when the turnaround was basically the same day. Your fee was nearly the equivalent of the cost of the Clerk's recording fee. Perhaps you should offer a fee schedule for those of us who are not volume recorders. Just a thought.

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Dean L.

October 29th, 2019

The template isn't that easy to work with, with you have to type out large amounts of text. Also copy and paste doesn't seem to work. Furthermore, the code listed on the guide is out of date. However, the DQC is decent in that it has all the required fields you need.

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Brenda S.

April 9th, 2021

Awesome forms, filled them out on my computer, printed them out complete, notarized, recorded, wonderful process. THANKS

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