Georgia Forms

Gilmer County Memorandum of Purchase and Sale Agreement Form

Gilmer County Memorandum of Purchase and Sale Agreement Form

Gilmer 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
Gilmer County Memorandum of Purchase and Sale Agreement Guide

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

Gilmer 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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Clerk of Superior Court
Address:
1 Broad St, Room 102
Ellijay, Georgia 30540

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

Phone: (706) 635-4462

Recording Tips for Gilmer County:
  • Ask if they accept credit cards - many offices are cash/check only
  • Request a receipt showing your recording numbers
  • Recorded documents become public record - avoid including SSNs
  • Both spouses typically need to sign if property is jointly owned
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Gilmer County

Properties in any of these areas use Gilmer County forms:

  • Cherry Log
  • East Ellijay
  • Ellijay

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Gilmer County

How do I get my forms?

Forms are available for immediate download after payment. The Gilmer 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 Gilmer County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Gilmer 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 Gilmer 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 Gilmer County?

Recording fees in Gilmer County vary. Contact the recorder's office at (706) 635-4462 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 Gilmer 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 Gilmer County.

Our Promise

The documents you receive here will meet, or exceed, the Gilmer 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 Gilmer 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 - ( 4573 Reviews )

Robert K.

December 26th, 2018

This deed helped me a lot

Reply from Staff

Glad to hear that Robert. Have a great day!

SHIRLEY R.

August 22nd, 2019

This was Awesome!

Reply from Staff

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

Janet C.

April 11th, 2022

Easy to use website and extremely helpful. great service!

Reply from Staff

Thank you!

Quaid H.

August 20th, 2019

Just what we needed! Thank you!

Reply from Staff

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

Tonya B.

March 3rd, 2022

Easy and fast. I will definitely use this service again.

Reply from Staff

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

Jacqueline G.

July 29th, 2021

I'm 84 and not all that smart when it comes to what a Lawyer usually helps you with, but I took a chance to see if I could do this. Walla, I was able to do it. I was helping my son who had a stroke a few years ago and the transaction went well. Thank you.

Reply from Staff

Thank you for your feedback Jacqueline. We appreciate you.

Thomas H.

March 9th, 2023

I received every form I requested, immediately upon payment. All forms were up to date and easy to edit as needed. I'll come back here for all my future needs of this nature.

Reply from Staff

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

Thomas C.

April 12th, 2023

I got the right form but I waited too long to use it and Oregon changed the formatting. I should have checked and made sure the form was still good. Deeds responded quickly.

Reply from Staff

Thank you!

Donald B.

November 21st, 2021

Pretty good forms, they would probably be better if I read the directions but...

Reply from Staff

Thank you!

L B W.

January 22nd, 2021

Bottom line - it was certainly worth the $21 (+-?) I paid for the form and instructions, etc. Admittedly the form is a little inflexible in terms of editing for readability but I understand that offering greater flexibility would likely make theft more likely. So I'm happy with what I got. One suggestion - add more info about what's required in the "Source of Title" section.

Reply from Staff

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

Vicky M.

September 1st, 2022

I would give Deeds.com 10 stars if I could!! The staff were super friendly and easy to work with. They kept me constantly updated during the process of uploading and forwarding my deeds for recording. And, the price was extremely reasonable. I look forward to utilizing Deeds.com every time I need to record a deed no matter what U.S. State. I wholeheartedly recommend them!

Reply from Staff

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

Nawal F.

June 1st, 2023

Friendly user

Reply from Staff

Thank you!

Joe S.

May 7th, 2021

My first experience with deeds.com was excellent. My task was handled promptly and efficiently. Count on me as a repeat customer.

Reply from Staff

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

Lavonia L.

October 7th, 2024

Found exactly what I was looking for and it helped tremendously.

Reply from Staff

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

Alan K.

September 4th, 2020

All I needed was a simple Certificate of Trust. Deeds.com had a template for exactly what I needed. I didn't have to make an appt with an attorney, wait for one to be available, nor pay a ridiculous amount for a standardized document. Super easy.

Reply from Staff

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