Georgia · contract for deed
Georgia contract for deed, explained.
A plain-English guide to contract for deed (also called land contract) in Georgia — statute, recording, default remedies, interest caps, and where deals actually happen.
O.C.G.A. § 44-14-1 et seq. (security deeds); general contract law; no dedicated CFD statute
Bonds for title may be recorded under O.C.G.A. § 44-2-1 with the county Clerk of Superior Court; not mandatory. Real estate transfer tax may apply.
Forfeiture per contract terms generally enforced; Georgia courts apply contract-law principles strictly with limited equitable relief. No statutory cure period. If structured as security device, treated like a security deed with non-judicial foreclosure (O.C.G.A. § 44-14-162).
Is contract for deed legal in Georgia?
Georgia recognizes 'bonds for title' / 'contracts for deed,' though they are uncommon because Georgia's preferred seller-financing instrument is the security deed (deed to secure debt).
How do you record a contract for deed agreement in Georgia?
Bonds for title may be recorded under O.C.G.A. § 44-2-1 with the county Clerk of Superior Court; not mandatory. Real estate transfer tax may apply.
What happens if the buyer defaults?
Forfeiture per contract terms generally enforced; Georgia courts apply contract-law principles strictly with limited equitable relief. No statutory cure period. If structured as security device, treated like a security deed with non-judicial foreclosure (O.C.G.A. § 44-14-162).
What is the maximum interest rate?
7% if no written agreement; up to 16% on loans up to $3,000; commercial loans over $250,000 effectively uncapped under O.C.G.A. § 7-4-2.
What disclosures are required?
Georgia does not mandate a residential property condition disclosure statute (caveat emptor jurisdiction with stigma exceptions); lead-based paint (federal); flood disclosures.
Who's protected — buyer vs. seller
Buyer protections
Limited; Georgia is a relatively seller-friendly state. Equitable interest may be argued. Federal protections (TILA, RESPA, Dodd-Frank SAFE Act) apply if seller meets thresholds.
Seller protections
Strong: contractual forfeiture readily enforced; ejectment via dispossessory action; retention of payments common.
Where in the state do these deals happen?
Rural land sales in South and Middle Georgia; recreational hunting tracts; uncommon for urban Atlanta residential, where security deeds dominate.
Georgia cities
Per-city market notes for contract for deed buyers and sellers.
Notable case law
Gilleland v. Welch, 199 Ga. 341 (1945); Holloman v. D.R. Horton, Inc., 241 Ga. App. 141 (1999).
Looking at a Georgia deal?
Send the parcel and the terms — we'll walk through whether contract for deed fits, how to record it, and what the cure period looks like if things go sideways.
Talk to WyattEducational content only. Statute citations are public-record research, not legal advice. Georgia contracts and remedies are fact-specific — consult a licensed Georgia real-estate attorney before signing anything.