Georgia Forms

Polk County Memorandum of Purchase and Sale Agreement Form

Polk County Memorandum of Purchase and Sale Agreement Form

Polk 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.

Validated 5/20/2025 Preview Form
Polk County Memorandum of Purchase and Sale Agreement Guide

Polk County Memorandum of Purchase and Sale Agreement Guide

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

Validated 3/4/2025 Preview Form
Polk County Completed Example of the Memorandum of Purchase and Sale Agreement Document

Polk 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.

Validated 7/24/2025 Preview Form

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

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

Where to Record Your Documents

Clerk of Superior Court
Address:
100 Prior St, Suite 106 / PO Box 948
Cedartown, Georgia 30125

Hours: 9:00am to 5:00pm M-F

Phone: (770) 749-2114

Recording Tips for Polk County:
  • Documents must be on 8.5 x 11 inch white paper
  • Avoid the last business day of the month when possible
  • Ask about their eRecording option for future transactions
  • Recorded documents become public record - avoid including SSNs

Cities and Jurisdictions in Polk County

Properties in any of these areas use Polk County forms:

  • Aragon
  • Cedartown
  • Esom Hill
  • Rockmart

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Polk County

How do I get my forms?

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

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

Recording fees in Polk County vary. Contact the recorder's office at (770) 749-2114 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 Polk 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 Polk County.

Our Promise

The documents you receive here will meet, or exceed, the Polk 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 Polk 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 - ( 4572 Reviews )

Kevin U.

January 27th, 2025

very smooth and easy

Reply from Staff

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

Marilyn S.

January 7th, 2021

I was fine. But I don't like surveys.

Reply from Staff

Thank you!

Patricia E.

June 8th, 2020

Easy to understand and download!

Reply from Staff

Thank you!

Julie D S.

January 24th, 2020

thank you for all the forms

Reply from Staff

Thank you!

Catherine A.

September 25th, 2022

Very good site, easy to get around, very thourough, easy to use. Definately will use again. I give you 5 stars

Reply from Staff

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

Jennifer C.

January 8th, 2021

Fast turnaround. Very much appreciated!

Reply from Staff

Thank you!

ruth l.

January 6th, 2021

I found this sight very helpful. All the information that one needs to file a quit claim deed. thank you so much.

Reply from Staff

Thank you!

OLGA B.

March 17th, 2021

I just purchased the documents. I appreciate that they are accurate to the county and state I live in and all the forms to make it complete. Thank you so much for your assistance in a very chaotic situation.

Reply from Staff

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

Angela B.

July 22nd, 2020

The site made everything very easy to understand and access. I was able to get everything I needed and the cost was reasonable.

Reply from Staff

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

Sophia G.

February 11th, 2022

Hassle free service , and don't have to wait in line

Reply from Staff

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

Kathryn S.

September 16th, 2024

So quick. So easy. Worth every penny!

Reply from Staff

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

Harry W B.

January 11th, 2021

This is a very valuable resource. It was user friendly and made transfer happen in a day!

Reply from Staff

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

Helen M.

June 10th, 2019

I was quite pleased with Deeds.com. I got the information I requested instantly.

Reply from Staff

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

James G.

March 30th, 2022

Very Happy. Forms saved me from making some very silly mistakes had I done them on my own.

Reply from Staff

Thank you!

Gene N.

November 11th, 2021

My mind is blown! For some reason, our veteran title companies wouldn't record our deed but luckily, the assessor's page recommended Deeds and other sites to e-record. It was so simple and so convenient!

Reply from Staff

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