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Insights Real Estate Blog

Force Majeure and the COVID-19 Pandemic

March 20, 2020 Contracts

Uncertain times lead to unanticipated concerns, and we grapple for clarity where none seems to exist. The most obvious question on many agents’ (and clients’) minds is whether the “Force Majeure” provision of the FAR/BAR contract allows a party to cancel. In a word, no, at least not initially. Section…

$0 Repair Limits vs. As-Is

March 5, 2020 Contracts

In Section 12 of the FAR/BAR contract, a seller warrants the operational condition and structural integrity of their property and has the responsibility to maintain or deal with such matters going forward from the contract’s effective date through closing. Subject to the Section 9(a) repair limits, the seller is responsible…