New CA Residential Purchase Agreement Form Has Been Published - November 25, 2014
The CA Residential Purchase Agreement form was revised and published by the CALIFORNIA ASSOCIATION OF REALTORS® – with new forms today on November 25, 2014.
This contract has grown in size and scope to include statutory clauses and incorporate evolving needs of real estate professionals.
The RPA-CA is a most-trusted contract form used by Realtors and real estate professionals in California.
17 Top Things At New CA Residential Purchase Agreement Form Released
1. This form now takes a unified approach to inspections and repairs. Wood-destroying pests and organisms inspection, and all other inspections, are treated equally (see paragraph 7.A).
2. The time to remove the buyer loan contingency has been extended from 17 to 21 days by default on this form (However, this amount time is negotiable between the parties). Coinciding with this change is removal of an optional paragraph allowing the loan contingency to remain until the loan is funded.
3. A new paragraph has been added to explicitly address the issue of items included in the sale that may not be owned by the seller or that may, by virtue of their presence, cause a lien to be recorded against the property (such as installed solar panels and equipment).
4. The paragraph concerning what is included in the sale now specifically mentions what is being call “home automation systems”. These devices allow a home owners to remotely control certain home functions, such as turning on the water, lights, or appliances, or setting the alarm, and adjusting the thermostat on the HVAC system (see paragraph 7.B.8). Items excluded from the sale (see paragraph 7.B.8.C.).
5. The default method for the buyer’s obligation to bring a deposit directly to escrow has been changed to an electronic deposit rather than a check (see paragraph 3.A.(1).
6. No longer will the removal of the loan contingency automatically be deemed a removal of the appraisal contingency (see paragraph 3.J.2). These two separate important terms are to be independent. And if the appraisal contingency is removed and the buyer’s chosen lender refuses to loan because the appraisal is too low, the buyer cannot rely on the lender’s appraisal as a reason to cancel the contract without penalty.
7. Who pays for government requirements and retrofit (see paragraph 7.B)
8. Agent Visual Inspection disclosure impact (see paragraph 10.2)
9. Buyer’s right of inspection (see paragraph 12.A.)
10. Preliminary title report to buyer (see paragraph 13.A).
11. Time periods and removal of contingencies (see paragraph 14.A. and B)
12. Effect of Cancellation of Contract (see paragraph 14.G.)
13. Repairs by seller (see paragraph 16)
14. Scope of duty of brokers (see paragraph 18.B.)
15. Representative capacity for signing of documents (see paragraph 19)
16. Assignment of contract rights (see paragraph 26).
17. Mediation and arbitration provisions preserved (see paragraph 22.C.)
By Harrison K. Long. Source of some information is article at Property ID.
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