Title Examination. Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (“Cure Period”) after receipt of Buyer’s notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer’s attorney) and the parties will close this Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer’s receipt of Seller’s notice). If Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, 330 331 332 333 334 335 336 337 338 339 16. 340 341 342 343 344 345 346 347 348 349 350 351 17. 352 353 354 355 356 357 18. 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which 384 Seller shall continue to use reasonable diligent effort to remove or cure the defects (“Extended Cure Period”); or 385 (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date has 386 passed, within the earlier of 10 days after end of Extended Cure Period or Buyer’s receipt of Seller’s notice), or (c) 387 electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all 388 further obligations under this Contract. If after reasonable diligent effort, Seller is unable to timely cure defects, and 389 Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 390 thereby releasing Buyer and Seller from all further obligations under this Contract.
Appears in 9 contracts
Samples: Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase
Title Examination. Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller 387 in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is 388 delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of 389 receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (“Cure Period”) after 390 receipt of BuyerXxxxx’s notice to take reasonable diligent efforts to remove defects. If Buyer Xxxxx fails to so notify SellerXxxxxx, Buyer 391 shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver 392 written notice to Buyer Xxxxx (with proof of cure acceptable to Buyer Xxxxx and BuyerXxxxx’s attorney) and the parties will close this 393 Contract on Closing Date (or if Closing Date has passed, within 10 days after BuyerXxxxx’s receipt of Seller’s notice). If 394 Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, 330 331 332 333 334 335 336 337 338 339 16. 340 341 342 343 344 345 346 347 348 349 350 351 17. 352 353 354 355 356 357 18. 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 395 deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which 384 396 Seller shall continue to use reasonable diligent effort to remove or cure the defects (“Extended Cure Period”); or 385 397 (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date has 386 398 passed, within the earlier of 10 days after end of Extended Cure Period or BuyerXxxxx’s receipt of Seller’s notice), or (c) 387 399 electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all 388 400 further obligations under this Contract. If after reasonable diligent effort, Seller Xxxxxx is unable to timely cure defects, and 389 401 Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 390 402 thereby releasing Buyer and Seller from all further obligations under this Contract. 403 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon 404 encroach on setback lines, easements, or lands of others, or violate any restrictions, covenants, or applicable 405 governmental regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of 406 such matters, together with a copy of Survey, to Seller within 5 days after Xxxxx’s receipt of Survey, but no later 407 than Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and 408 Survey shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered a 409 prior survey, Seller shall, at Xxxxx’s request, execute an affidavit of “no change” to the Real Property since the DO NOT COPY 410 preparation of such prior survey, to the extent the affirmations therein are true and correct.
Appears in 2 contracts
Samples: Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase
Title Examination. Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (“Cure Period”) after receipt of Buyer’s notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer’s attorney) and the parties will close this Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer’s receipt of Seller’s notice). If Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which Seller shall continue to use reasonable diligent effort to remove or cure the defects (“Extended Cure Period”); or (b) electing to accept title with existing defects and close this Contract on Closing 327 328 329 330 331 332 333 334 335 16. 336 337 338 339 16. 340 341 342 343 344 345 346 347 17. 348 349 350 351 17. 352 353 18. 354 355 356 357 18. 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which 384 Seller shall continue to use reasonable diligent effort to remove or cure the defects (“Extended Cure Period”); or 385 (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date has 386 passed, within the earlier of 10 days after end of Extended Cure Period or Buyer’s 383 receipt of Seller’s notice), or (c) 387 electing to terminate this Contract and receive a refund of the Deposit, thereby 384 releasing Buyer and Seller from all 388 further obligations under this Contract. If after reasonable diligent effort, Seller 385 is unable to timely cure defects, and 389 Buyer does not waive the defects, this Contract shall terminate, and Buyer 386 shall receive a refund of the Deposit, 390 thereby releasing Buyer and Seller from all further obligations under this 387 Contract.
Appears in 2 contracts
Samples: Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase
Title Examination. Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller 387 in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is 388 delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of 389 receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (“Cure Period”) after 390 receipt of BuyerXxxxx’s notice to take reasonable diligent efforts to remove defects. If Buyer Xxxxx fails to so notify SellerXxxxxx, Buyer 391 shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver 392 written notice to Buyer Xxxxx (with proof of cure acceptable to Buyer Xxxxx and BuyerXxxxx’s attorney) and the parties will close this 393 Contract on Closing Date (or if Closing Date has passed, within 10 days after BuyerXxxxx’s receipt of Seller’s notice). If 394 Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, 330 331 332 333 334 335 336 337 338 339 16. 340 341 342 343 344 345 346 347 348 349 350 351 17. 352 353 354 355 356 357 18. 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 395 deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which 384 396 Seller shall continue to use reasonable diligent effort to remove or cure the defects (“Extended Cure Period”); or 385 397 (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date has 386 398 passed, within the earlier of 10 days after end of Extended Cure Period or BuyerXxxxx’s receipt of Seller’s notice), or (c) 387 399 electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all 388 400 further obligations under this Contract. If after reasonable diligent effort, Seller Xxxxxx is unable to timely cure defects, and 389 401 Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 390 402 thereby releasing Buyer and Seller from all further obligations under this Contract. 403 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon 404 encroach on setback lines, easements, or lands of others, or violate any restrictions, covenants, or applicable 405 governmental regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of 406 such matters, together with a copy of Survey, to Seller within 5 days after Xxxxx’s receipt of Survey, but no later 407 than Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and 408 Survey shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered a 409 prior survey, Seller shall, at Xxxxx’s request, execute an affidavit of “no change” to the Real Property since the 410 preparation of such prior survey, to the extent the affirmations therein are true and correct.
Appears in 2 contracts
Samples: Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase
Title Examination. Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (“"Cure Period”") after receipt of Buyer’s 's notice to take reasonable diligent efforts to remove defects. If Buyer Xxxxx fails to so notify Seller, Buyer shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer’s Xxxxx's attorney) and the parties will close this Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer’s Xxxxx's receipt of Seller’s 's notice). If Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, 330 331 332 333 334 335 336 337 338 339 16. 340 341 342 343 344 345 346 347 348 349 350 351 17. 352 353 354 355 356 357 18. 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which 384 Seller shall continue to use reasonable diligent effort to remove or cure the defects (“"Extended Cure Period”"); or 385 (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date has 386 passed, within the earlier of 10 days after end of Extended Cure Period or Buyer’s Xxxxx's receipt of Seller’s 's notice), or (c) 387 electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all 388 further obligations under this Contract. If after reasonable diligent effort, Seller Xxxxxx is unable to timely cure defects, and 389 Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 390 thereby releasing Buyer and Seller from all further obligations under this Contract. 391 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon 392 encroach on setback lines, easements, or lands of others, or violate any restrictions, covenants, or applicable 393 governmental regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of 394 such matters, together with a copy of Survey, to Seller within 5 days after Xxxxx's receipt of Survey, but no later 395 than Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and 396 Survey shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered a 397 prior survey, Seller shall, at Xxxxx's request, execute an affidavit of "no change" to the Real Property since the 398 preparation of such prior survey, to the extent the affirmations therein are true and correct.
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Title Examination. Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (“Cure Period”) after receipt of Buyer’s notice to take reasonable diligent efforts to remove defects. If Buyer Xxxxx fails to so notify Seller, Buyer shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (with proof of cure acceptable to Buyer and BuyerXxxxx’s attorney) and the parties will close this Contract on Closing Date (or if Closing Date has passed, within 10 days after BuyerXxxxx’s receipt of Seller’s notice). If Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which Seller shall continue to use reasonable diligent effort to remove or cure the defects (“Extended Cure Period”); or (b) electing to accept title with existing defects and close this Contract on Closing 327 328 329 330 331 332 333 334 335 16. 336 337 338 339 16. 340 341 342 343 344 345 346 347 17. 348 349 350 351 17. 352 353 18. 354 355 356 357 18. 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which 384 Seller shall continue to use reasonable diligent effort to remove or cure the defects (“Extended Cure Period”); or 385 (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date has 386 passed, within the earlier of 10 days after end of Extended Cure Period or Buyer’s 383 receipt of Seller’s notice), or (c) 387 electing to terminate this Contract and receive a refund of the Deposit, thereby 384 releasing Buyer and Seller from all 388 further obligations under this Contract. If after reasonable diligent effort, Seller 385 is unable to timely cure defects, and 389 Buyer Xxxxx does not waive the defects, this Contract shall terminate, and Buyer 386 shall receive a refund of the Deposit, 390 thereby releasing Buyer and Seller from all further obligations under this 387 Contract.
Appears in 1 contract
Title Examination. Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (“Cure Period”) after receipt of Buyer’s notice to take reasonable diligent efforts to remove defects. If Buyer Xxxxx fails to so notify Seller, Buyer shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (with proof of cure acceptable to Buyer and BuyerXxxxx’s attorney) and the parties will close this Contract on Closing Date (or if Closing Date has passed, within 10 days after BuyerXxxxx’s receipt of Seller’s notice). If Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, 330 331 332 333 334 335 336 337 338 339 16. 340 341 342 343 344 345 346 347 348 349 350 351 17. 352 353 354 355 356 357 18. 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within which 384 Seller shall continue to use reasonable diligent effort to remove or cure the defects (“Extended Cure Period”); or 385 (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date has 386 passed, within the earlier of 10 days after end of Extended Cure Period or Buyer’s receipt of Seller’s notice), or (c) 387 electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all 388 further obligations under this Contract. If after reasonable diligent effort, Seller is unable to timely cure defects, and 389 Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 390 thereby releasing Buyer and Seller from all further obligations under this Contract.or
Appears in 1 contract
Title Examination. Buyer shall have 5 days after receipt of Title Commitment to examine it and notify Seller 421 in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is 422 delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of 423 receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days (“Cure Period”) after 424 receipt of BuyerXxxxx’s notice to take reasonable diligent efforts to remove defects. If Buyer Xxxxx fails to so notify SellerXxxxxx, Buyer 425 shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will deliver 426 written notice to Buyer Xxxxx (with proof of cure acceptable to Buyer Xxxxx and BuyerXxxxx’s attorney) and the parties will close this 427 Contract on Closing Date (or if Closing Date has passed, within 10 days after BuyerXxxxx’s receipt of Seller’s notice). If 428 Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, 330 331 332 333 334 335 336 337 338 339 16. 340 341 342 343 344 345 346 347 348 349 350 351 17. 352 353 354 355 356 357 18. 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 STANDARDS FOR REAL ESTATE TRANSACTIONS (“STANDARDS”) CONTINUEDSTANDARDS FOR REAL ESTATE TRANSACTIONS (“STANDARDS”) CONTINUED 429 (ii) deliver written notice to Seller: (a) extending Cure Period for a specified period not to exceed 120 days within 430 which 384 Seller shall continue to use reasonable diligent effort to remove or cure the defects (“Extended Cure Period”); 431 or 385 (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date has 386 432 passed, within the earlier of 10 days after end of Extended Cure Period or BuyerXxxxx’s receipt of Seller’s notice), or (c) 387 433 electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all 388 434 further obligations under this Contract. If after reasonable diligent effort, Seller Xxxxxx is unable to timely cure defects, and 389 435 Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 390 436 thereby releasing Buyer and Seller from all further obligations under this Contract. 437 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon 438 encroach on setback lines, easements, or lands of others, or violate any restrictions, covenants, or applicable 439 governmental regulations described in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of 440 such matters, together with a copy of Survey, to Seller within 5 days after Xxxxx’s receipt of Survey, but no later 441 than Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and 442 Survey shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered a 443 prior survey, Seller shall, at Xxxxx’s request, execute an affidavit of “no change” to the Real Property since the 444 preparation of such prior survey, to the extent the affirmations therein are true and correct.
Appears in 1 contract