Sunday, November 30, 2008
Utah's New REPC Section 7. Seller Disclosures
Utah's New REPC Section 7. Seller Disclosures
This update adds a couple of sentences, plus makes an electronic version of Seller Disclosures permissible.
Old REPC ----------------------------------------------------------------- :
7. SELLER DISCLOSURES. No later than the Seller Disclosure Deadline referenced in Section 24(b), Seller shall provide to Buyer the following documents which are collectively referred to as the "Seller Disclosures":
(a) a Seller property condition disclosure for the Property, signed and dated by Seller;
(b) a commitment for the policy of title insurance;
(c) a copy of any leases affecting the Property not expiring prior to Closing;
(d) written notice of any claims and/or conditions known to Seller relating to environmental problems and building or zoning code violations; and
(e) Other (specify) ___
New REPC ----------------------------------------------------------------- :
7. SELLER DISCLOSURES. No later than the Seller Disclosure Deadline referenced in Section 24(a), Seller shall provide to Buyer the following documents in hard copy or electronic format which are collectively referred to as the "Seller Disclosures":
(a) a written Seller property condition disclosure for the Property, completed, signed and dated by Seller as provided in Section10.3;
(b) a Commitment for Title Insurance as referenced in Section 6;
(c) a copy of any restrictive covenants (CC&R’s), rules and regulations affecting the Property;
(d) a copy of the most recent minutes, budget and financial statement for the homeowners’ association, if any;
(e) a copy of any lease, rental, and property management agreements affecting the Property not expiring prior to Closing;
(f) evidence of any water rights and/or water shares referenced in Section 1.4;
(g) written notice of any claims and/or conditions known to Seller relating to environmental problems and building or zoning code violations; and
(h) Other (specify) ___
Discussion.
A few of the sentences have been re-ordered and the indication of "written" disclosures is now in the new REPC.
Below are excerpts of the actual forms.
Hold down your [Ctrl] control key and click on the image and it will open fully in a new browser window.
Old REPC Section 7:
New REPC. Section 7:
--------- *** ---------- I’m remarking on the new REPC changes as I see them. This isn't legal advice.
Next up ...Section 8. Buyer's Condition of Purchase
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