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4.3. Form of Funds; Time of Payment; Funds Available. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, shall be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). All funds required to be paid at Closing shall be timely paid to allow disbursement by Closing Company at Closing OR SUCH PARTY SHALL BE IN DEFAULT.
5.2. Loan Conditions. IF SELLER DOES NOT TIMELY RECEIVE WRITTEN NOTICE TO TERMINATE, THIS CONDITION SHALL BE DEEMED WAIVED, AND BUYER’S EARNEST MONEY SHALL BE NONREFUNDABLE, EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT
Unfortunatgely many buyers do not really read the full contract before signing. I provide a sample of the contract to my buyers before we look at houses, but don't count on them actually reading through it. When it comes time to sign the first time, I take them through each section pointing out any commitments, especially time sensitive, that they need to understand. I then remind them of time based contingencies as we progress through escrow. You (2bindenver) probably do the same, just haven't stated such. And yes, ultimately, the buyer is the one responsible for what they are signing.
Last edited by Mike from back east; 08-08-2009 at 03:45 PM..
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