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July 2023 – Summary of July 2023 Residential Forms Changes

The following residential forms have been revised effective July 1, 2023. A summary of the significant changes to each form is included. A marked-up copy of each form showing the exact changes may be viewed by clicking on the name of the form.

NC REALTORS® COVID-19 STATUS UPDATES

In light of the current situation, it is important that we provide you with updates on the goings-on in the state’s real estate industry. So, we created the STATUS UPDATE page that we will launch every time we feel that it is necessary to get you important information.

July 2022 – Summary of July 2022 Residential Forms Changes

The following residential forms have been revised effective July 1, 2022. A summary of the significant changes to each form is included. A marked-up copy of each form showing the exact changes may be viewed by clicking on the name of the form.

July 2021 – Summary of July 2021 Residential Forms Changes

The following residential forms have been revised effective July 1, 2021.  A summary of the significant changes to each form follows the list. A marked-up copy of each form showing the exact changes may be viewed by clicking on the name of the form immediately preceding the summary of the forms. Jointly-Approved Forms (approved by…

COVID-19 Q&A

Answers to questions from members across the state regarding the COVID-19 pandemic.

July 2023 – Summary of July 2023 Commercial Forms Changes

The following commercial forms have been revised effective July 1, 2023. A summary of the significant changes to each form is included. A marked-up copy of each form showing the exact changes may be viewed by clicking on the name of the form.

July 2023 – Summary of July 2023 Property Management Forms Changes

The following property management forms have been revised effective July 1, 2023. A summary of the significant changes to each form is included. A marked-up copy of each form showing the exact changes may be viewed by clicking on the name of the form.

Do all pre-paid inspection charges have to be itemized on the HUD-1?

QUESTION: A radon test was performed on behalf of a buyer during the due diligence period. Even though the test showed 6.0, the buyer did not ask the seller to mitigate for  radon. The buyer is concerned that if the radon inspection is paid for at closing, and the payment is referenced on the HUD-1…

Can a notice sent electronically be “legal notice” under the standard offer to purchase and contract?

QUESTION: My clients have a fully executed contract (Standard Form 2-T), but the buyers have not timely delivered the agreed upon earnest money deposit and due diligence fee. We know we can send a notice to the buyers demanding that they deliver the funds under paragraph 1(d) of the contract. Does the notice have to…

When does the Due Diligence Period end if nothing is written in the “date” blank?

QUESTION: Don’t be mad at me, but my buyer made an offer with no date specified in the blank of paragraph 1(j) of the Offer to Purchase and Contract (Form 2-T), and the seller accepted the offer as written. I thought that if no date was inserted in this particular blank, then the Due Diligence…

Committees & Recognition

Committees help shape the direction of NC REALTORS® and its policies. Serving on an NC REALTORS® committee furthers your professional development by providing leadership experience, expanding your professional network, and strengthening your ties within the association. What's more, committee members are directly involved in identifying new opportunities, guiding projects, and offering their expertise.

Legal Quiz: A recap of our most popular weekly Q&As (May 2019)

Take our latest quiz on the most popular weekly Q&As.

July 2022 – Summary of July 2022 Commercial Forms Changes

The following commercial forms have been revised effective July 1, 2022. A summary of the significant changes to each form is included. A marked-up copy of each form showing the exact changes may be viewed by clicking on the name of the form.

Should all offers include a specific end date for the “Due Diligence Period”?

QUESTION: From time to time, I receive offers in which the buyer's agent has not inserted a date in the blank in paragraph 1(j) of Standard Form 2-T. That blank is used to specify the expiration of the "Due Diligence Period." Instead, these agents insert the words: "30 days after the Effective Date." Should I…

Buyer’s Due Diligence Rights if the Due Diligence Fee is Zero

QUESTION:  I represent a seller. I just received an Offer to Purchase and Contract on Standard Form 2-T. In paragraph 1(d), on the line designating the Due Diligence Fee, the buyer inserted a zero. In paragraph 1(j), where the Due Diligence Period is defined, the buyer inserted a date that would equate to a roughly…

Legal Quiz: Handling Multiple Offers

August 2018 Insight: Legal Q&As on common multiple offer situations

Proper Handling of Earnest Money Deposits Payable to Third Party Escrow Agents

QUESTION: I have noticed that many smaller firms no longer have trust accounts to hold their clients' earnest money deposits. Many of the offers I have received recently  name an attorney as the "Escrow Agent" in paragraph 1(f) of the Offer to Purchase and Contract (form 2-T). What are my responsibilities as listing agent to…

Can sellers wait until the closing documents are signed before removing their personal property?

QUESTION: I am the listing agent on a property that is under contract. Closing is scheduled for next week. My sellers are concerned that the buyers might not go through with the purchase, and they don’t want to move all of their furniture and other possessions until they know that the buyers have actually signed…

What should a buyer do if the seller tries to sell the property to somebody else?

QUESTION: My buyer client entered into a contract to buy an MLS listing a couple of days ago. The listing agent just called to inform me that the seller has entered into a contract to sell the property to a different buyer, and is apparently taking the position that the contract between the seller and…

Are all changes to an offer considered a rejection of that offer?

QUESTION: I have a property listed for sale. I received an offer from a buyer (we’ll call him Buyer 1) on the Offer to Purchase and Contract (form 2-T). However, in paragraph 5 (a), Buyer 1 did not fill in the blanks for the term of the loan he intended to obtain or the maximum…

Seller rights when buyer fails to deliver Due Diligence Fee

QUESTION: My clients accepted an offer to purchase their property three days ago. Despite several calls to the buyer’s agent, the Due Diligence Fee has not been delivered. Can my client terminate the contract? ANSWER: Not quite yet. The timing requirement for delivery of the Due Diligence Fee is set forth in paragraph 1(d) of…

Elimination of the loan contingency in Standard Form 580-T

QUESTION: I am writing an offer for my client to purchase a commercial property. My client will be financing his purchase. Much like paragraph 1(d) of the standard residential sales contract (Form 2-T), paragraph 1(b) of the standard agreement for the purchase of commercial property (Form 580-T) has a line to insert the total purchase…