Gwinnett County Memorandum of Purchase and Sale Agreement Form

Gwinnett 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.

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

Gwinnett 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.
All 3 documents above included • One-time purchase • No recurring fees
Additional Georgia and Gwinnett County documents included at no extra charge:
Where to Record Your Documents
Gwinnett County Clerk Of Court
Lawrenceville, Georgia 30046
Hours: 8:00am-5:00pm M-F / Recording Until 4:30
Phone: 770-822-8100
Recording Tips for Gwinnett County:
- Ensure all signatures are in blue or black ink
- Double-check legal descriptions match your existing deed
- Ask if they accept credit cards - many offices are cash/check only
- Both spouses typically need to sign if property is jointly owned
- Bring multiple forms of payment in case one isn't accepted
Cities and Jurisdictions in Gwinnett County
Properties in any of these areas use Gwinnett County forms:
- Buford
- Dacula
- Duluth
- Grayson
- Lawrenceville
- Lilburn
- Norcross
- North Metro
- Snellville
- Suwanee
Hours, fees, requirements, and more for Gwinnett County
How do I get my forms?
Forms are available for immediate download after payment. The Gwinnett 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 Gwinnett County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Gwinnett 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 Gwinnett 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 Gwinnett County?
Recording fees in Gwinnett County vary. Contact the recorder's office at 770-822-8100 for current fees.
Have other questions? Contact our support team
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 Gwinnett 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 Gwinnett County.
Our Promise
The documents you receive here will meet, or exceed, the Gwinnett 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 Gwinnett 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.
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February 17th, 2021
Easy and quick and reasonable!
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September 1st, 2020
Best idea ever for completing an on-line government form. And it came with instructions!!!!! Thank you, Gadsden County.
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Richard V.
March 2nd, 2019
It was very easy to get the documents which I needed.
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Eldridge S.
August 5th, 2019
very pleased to attain this important document
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October 9th, 2020
Excellent Service. Great time savings over having to send someone to the recording office. Am planning on utilizing this service for our recording needs.
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June 10th, 2021
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Diana H.
February 10th, 2019
little expensive same document in other county is free. however quite fast in responding. and just what i needed.
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October 10th, 2021
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February 19th, 2025
Your service is second to none. Your website is user-friendly, easy to navigate and within minutes I had the forms I needed. Keep up the good work!
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CYNTHIA W.
April 12th, 2023
My deed has now been recorded. Thank you so very much. I saved about $120.00 by doing this with your document service. Thankfully, I heard about you from a friend and did not go with my Title Company that wanted a fee that seems outrageous because of how simple it was to do. I will definitely "advertise" this service to others.
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Jo Carol K.
October 17th, 2020
The information/forms/and ease of filling in the blanks provided me with the confidence to "do it myself". Excellent customer service. Thank you for being there.
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WJ H.
December 6th, 2021
The Quit Claim Deed for the state of Ohio worked for me, saving me the cost of an attorney doing it. O.K., maybe that wouldn't have amounted to more than a few hundred dollars, but anywhere I thought I could save money (and learn something new on top of it) is something I want to do. That said, be forwarned. While I'm not an attorney I'm not averse to spending many hours researching the lingo found in this kind of form and thoroughly understanding exactly how everything has to be filled in. I should add that my ex-wife and I remain friends and she was the one giving me the property/house (thus, technically I filled out the forms on her behalf). Because there was no personal conflict, it made it easier to undertake. Lastly, what others have said about the county office where you must file a Quit Claim Deed not being helpful, that's true in the sense that they do not want to be instructing non-attorneys on filling out the necessary forms. I did take a preliminary draft set of the forms to the county office but was VERY CAREFUL about explaining that I only needed a couple of questions answered about procedure for submitting the final documents. They were helpful once I made it clear I wasn't asking them for "legal advice". And their help was critical as the final submittals requires stopping at three different offices (MapDocuments, Auditor and finally the Recorder's office). So I say thank you to Deeds.com. Their service for the Quit Claim Deed was invaluable.
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Ron D.
January 14th, 2019
No choice since the county does not seem to provide info you supplied.
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CEDRIC D.
December 2nd, 2021
need more instructions for each form
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