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Vokshori Law Group

Understanding Contractual Contingencies in Real Estate Transactions

March 18, 2024 | By

In the real estate market, buyers may have more leverage, which increases their chances of getting an offer accepted with contractual contingencies remaining intact. But what exactly are contingencies, and how do they affect real estate transactions? This article will explore the standard contingencies in the California Residential Purchase Agreement and Joint Escrow Instructions (C.A.R. Form RPA) and provide helpful tips for buyers and sellers.

Standard Contract Contingencies

The C.A.R. Form RPA includes at least five and as many as seven standard contingencies in the contract. These contingencies are:

  • Loan
  • Appraisal
  • Investigation of Property
  • Review of Seller Documents
  • Preliminary (“Title”) Report
  • Common Interest Disclosures – If applicable
  • Review of Leased or Leaned Items – If applicable

It is important to note that the deadline for removal of each of these …

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Posted In: Blog, Real Estate Transactions

Negotiating Repair Requests

March 8, 2024 | By
Negotiating Repair Requests

In a market where buyers have more leverage, sellers may be more willing to negotiate repairs than they typically are in a so-called “seller’s” market. Negotiating repairs can be a very important, yet very complicated, part of a sales transaction. Inspect early to allow time to negotiate

The standard time period in the Residential Purchase

Agreement and Joint Escrow Instructions (C.A.R. Form RPA) for the buyer to inspect the property and exercise their investigation contingency is 17 Days. If the buyer wants to have the best opportunity to negotiate any potential repairs with the seller, they should have their inspections done early and not wait until just before the deadline.

How can Buyers request repairs?

The buyer should use the Request for Repair (C.A.R. Form RR) to propose that the …

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Posted In: Blog, Real Estate Transactions

Using the terms “as is” in a real estate purchase contract

February 23, 2024 | By
Using the terms as is in a real estate purchase contract

All C.A.R. purchase agreements include an “as is” clause, which states that the property is being sold in its current condition. The RPA-CA, for instance, contains this exact language in paragraph 11.

Is it necessary for the seller to add extra language to ensure the property is sold “as is”? No, the “as is” clause in the C.A.R. contracts is sufficient.

Does the “as is” clause eliminate the seller’s obligation to make any repairs?

No, under the C.A.R. contracts, the seller must maintain the property’s condition as of the acceptance date. If the property is damaged during escrow, and the buyer is not responsible for the damage, the seller will likely have to make the necessary repairs before closing. Furthermore, if there is a specific statement in the agreement, the …

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Posted In: Blog, Failure to Disclose, Real Estate Transactions

Updating Disclosure Documents – What You Need to Know

February 8, 2024 | By
Updating Disclosure Documents

Introduction:

When it comes to selling a residential property with one to four units, the seller has a legal obligation to disclose known material information affecting the value or desirability of the property. This is typically done through a Real Estate Transfer Disclosure Statement (C.A.R. Form TDS) and a Seller Property Questionnaire (C.A.R. Form SPQ). Additionally, a natural hazards (NHD) report can be ordered from a third-party company to identify any hazards in the property’s location. In this article, we’ll discuss the duty to disclose, how to modify a disclosure, and the buyer’s right to rescind if the disclosures are made after an offer has been made.

Duty to Disclose:

As mentioned, the seller of a residential property has a legal obligation to disclose known material information that could affect …

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Posted In: Blog, Failure to Disclose, Real Estate Transactions

The Most Frequent Lawsuits Against Brokers

January 14, 2024 | By
The Most Frequent Lawsuits Against Brokers

Introduction:

When it comes to selling a residential property with one to four units, the seller has a legal obligation to disclose known material information affecting the value or desirability of the property. This is typically done through a Real Estate Transfer Disclosure Statement (C.A.R. Form TDS) and a Seller Property Questionnaire (C.A.R. Form SPQ). Additionally, a natural hazards (NHD) report can be ordered from a third-party company to identify any hazards in the property’s location. In this article, we’ll discuss the duty to disclose, how to modify a disclosure, and the buyer’s right to rescind if the disclosures are made after an offer has been made.

Duty to Disclose:

As mentioned, the seller of a residential property has a legal obligation to disclose known material information that could affect …

Continue reading →

Posted In: Blog, Broker/Agent Liability, Real Estate Litigation