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Will
Martin, NCAR Attorney, was our guest speaker for the August 14th Nuts & Bolts
program. He spoke about the updates for the NCAR Contract Forms.
There are numerous changes to the forms this year and everyone should be
informed on what these changes are to protect themselves and their buyers and
sellers. Below you will find the handouts that were given out at the
training session.
2007 Forms Update Outline (PDF)
Offer to Purchase
DRAFT Changes (PDF)
This is a
response from Will Martin to a question about new construction and concerns by
builders about the application of an interest penalty for delayed closings.
The paragraph is from the New Construction Addendum that takes into account
construction delays and allows for flexibility in the closing date.
3. COMPLETION OF
CONSTRUCTION.
Seller shall diligently pursue the construction of the House, and shall complete
construction of the House as a “turn-key” job on or before the Closing. If
Seller is delayed at any time in the progress of construction by (a) any act or
neglect of Buyer, (b) any changes ordered in the construction, (c) material
shortages, adverse weather conditions, or delays in transportation which were
not reasonably anticipated or (d) acts of God, then the time for completion of
construction of the House and the Closing shall be extended automatically by a
reasonable time to account for the delay experienced. Seller shall notify Buyer
in writing within ten (10) days after the commencement of the delay; otherwise
the right to an extension shall be waived. The construction of the House
shall be deemed completed when (i) the House has
been completed in accordance with the Plans and Specifications and is
broom-clean; and (ii) a certificate of compliance has been issued by the
appropriate governmental authority having jurisdiction over the construction of
the House
These forms are in Adobe Portable Document
Format (PDF). To view them you must have the free Adobe Acrobat Reader
installed on your computer.
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