2026 GAR Form Changes That Actually Affect Risk

Annual form updates are often treated as routine. The 2026 revisions are notable not because of their volume, but because several changes alter how files are interpreted when timing, responsibility, and discretion come into question.

One of the more consequential updates appears in the Purchase and Sale Agreement. The right to unilaterally extend the closing date may now be exercised twice per transaction — once by the buyer and once by the seller — but only under more narrowly defined circumstances. While this introduces flexibility, it also raises the bar for documentation. Any extension now requires clear support that the contractual conditions permitting it were actually met, not merely assumed.

Earnest money handling was also clarified. New restrictions on checks drawn from foreign financial institutions, along with expanded language confirming a holder’s ability to make reasonable interpretations of the contract, reflect an ongoing effort to reduce disputes when funds are delayed, rejected, or contested. These provisions shift scrutiny away from outcomes and toward process.

Several revisions focus less on transactional mechanics and more on expectation management. Loan denial letter requirements now obligate lenders to state the specific basis for denial. This directly affects a buyer’s entitlement to the return of earnest money. Incomplete or generic letters no longer satisfy the standard, particularly when disputes arise after termination.

Disclosure forms underwent some of the most substantive changes. Flooding, water intrusion, and community association disclosures were reorganized and expanded to reduce ambiguity. Notably, the Community Association Disclosure now ties termination rights to clearer financial thresholds and introduces seller warranties that survive closing. These revisions shift risk when information is omitted, misunderstood, or minimized during due diligence.

Across the revisions, a consistent theme emerges: fewer assumptions, more explicit documentation, and less tolerance for informal shortcuts. Files built on habit rather than alignment with updated language are more likely to experience friction when reviewed closely.

These changes were outlined by GAR General Counsel Seth Weissman as part of the 2026 forms guidance, underscoring how incremental revisions can materially change how a file is evaluated after the

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