June 17th, 2024 at 1:20 pm

C.A.R. will be rolling out its Standard Forms Release the week of June 24, 2024, including some changes to the Residential Purchase Agreement (RPA). Probably the most significant RPA change is the new stand-alone “insurance contingency” under paragraph 3L(4). Similar to the other buyer contingencies, the new insurance contingency defaults to 17 days after acceptance, unless another number of days is inserted in the blank space provided. 

The new insurance contingency will generally give buyers the opportunity to determine the availability of affordable insurance for the property they are purchasing, without risking the loss of their escrow deposit. C.A.R. has also added an “insurance contingency” to its standard-form Notice to Buyer to Perform (NBP), and Contingency Removal (CR-B).

The new insurance contingency addresses the difficulty that homebuyers may currently experience getting property insurance, or affordable property insurance. Aside from properties in a “high” or “very high” fire hazard severity zone, a property may be located in another type of fire hazard zone (e.g., Wildland Fire Area), that makes it difficult for a buyer to get fire insurance. A buyer may also experience difficulty getting other types of insurance as well, such as flood or earthquake insurance.

As a buyer’s agent, you are encouraged to give your buyer C.A.R.’s Buyer Homeowners’ Insurance Advisory (BHIA), which explains the possible issues with getting property insurance. Also make sure that your clients investigate into the availability of insurance early on in their homebuying process.

Stay Tuned Next Week: Next week’s Legal Tip will address the other standard-forms C.A.R. will be releasing the week of June 24, 2024, including the forms that will comply with the upcoming changes to our practice under NAR’s Settlement Agreement.

-Thank You to Nicki Marcellino (La Jolla Manager) for suggesting this week’s legal tip!

Copyright© 2024 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of June 17, 2024. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals. Written by Stella Ling, Esq.

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