How State of Emergency Declarations in Fall 2026 May Affect Real Estate Contracts in Georgia

This fall, Georgia experienced two significant state of emergency declarations—one in September and another in October 2026. For anyone buying or selling property, these declarations have sparked plenty of questions about how real estate contracts might be affected. According to my managing broker at Real Broker, and according to guidance from the Georgia Association of REALTORS® and the applicable GAR contract provisions, these emergencies led to contract deadline extensions for many transactions, but the specifics depended on when contracts went binding and where the property is located.

How State of Emergency Clauses Work

Most Georgia real estate contracts include a “Force Majeure” or state of emergency clause. This clause is designed to protect both buyers and sellers when extraordinary events—like natural disasters or government-declared emergencies—make it difficult or impossible to meet contract deadlines. However, the way these clauses are applied can vary, and the recent declarations in Georgia are a perfect example of how timing and location can play a big role.

Extensions: Eight Days, Sixteen Days, or None?

For the September and October 2026 emergencies, some contracts were extended by eight days, while others received a sixteen-day extension. The key factor was when your contract went binding and when your contractual deadlines fell in relation to the emergency periods. For example, if your contract was binding before the first declaration and your deadlines overlapped both emergencies, you may have received a sixteen-day extension. If only one declaration affected your timeline, your extension might have been just eight days. Some contracts may not have been affected at all, depending on their timing and location.

Real-Life Example

Consider a Georgia real estate contract that became binding September 17, 2026, with an original closing date of October 19, 2026.

Under guidance published by Georgia REALTORS®, the September statewide emergency would generally extend unexpired contractual deadlines by eight days, potentially moving the closing deadline to October 27.

An additional emergency declaration on October 8 may also affect the transaction. However, whether the declarations create cumulative extensions—and how many additional days apply—requires reviewing the emergency orders, the contract provisions, and applicable professional guidance. Buyers and sellers should not assume that their closing date has automatically moved sixteen days without confirming the calculation with their real estate professional and closing attorney.

What Should You Do?

Because the impact of these declarations can vary widely, it’s essential to:

• Confirm with your real estate broker or agent how your contract may be affected. Your managing broker at Real Broker or your agent will have the most up-to-date information for your situation.
• Consult your closing attorney or personal attorney for legal guidance specific to your transaction.
• Verify whether your county or city was included in the official state of emergency declarations, as local coverage can affect whether these extensions apply.

Important Disclaimer

This blog is for informational purposes only and should not be considered legal advice. Real estate contracts and emergency extensions can be complex, and the impact of the 2026 declarations may differ from one transaction to another. Always consult with your broker, attorney, and local officials to understand how your contract is affected.

Final Thoughts

Georgia’s approach to contract extensions during emergencies is designed to ensure fairness and flexibility for buyers and sellers. For the fall of 2026, the eight- and sixteen-day extensions offered a clear path forward for many, but the details depend on your unique contract and location. If you have questions about your specific situation, reach out to your trusted professionals for guidance tailored to your needs.

 

If you’re navigating these changes or simply have questions about your next steps,

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Official references: Georgia REALTORS® emergency contract guidance and Governor Kemp's 2026 Executive Orders.