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63 Cards in this Set

  • Front
  • Back

What is the offer reference date and where does it appear in the REPC?

The offer reference date is the date the buyer writes the offer. It first appears just below the Offer to Purchase and Earnest Money Deposit and then, assuming the buyer signs the REPC on the same date, it will appear again following the buyer's signature.

How will a client know that the REPC is a legally binding contract?

An agent should always cover the first words of the REPC with each client to make sure they understand this is a legally binding contract and that if they have any questions, they should ask their agent, the agent's broker, or their attorney or tax adviser.

If the buyer and seller want to use a different contract other than the REPC, Can they do so?

Buyers and sellers may use any contract they wish; however, when a Utah licensee will be writing the contract, they must use the REPC, as it is the only form a licensee is authorized to fill out.

How should an agent advise their client regarding how to take title?

An agent should never advise a client regarding how they should date title. An agent should always refer the client to the title company and/or the clients attorney, sot eh client can get legal advice as to the best way for them to take title given the client's own situation.

Buyer's due diligence

The period of time in which the buyer may review and approve/disapprove of the seller's property condition disclosure and any other test, evaluations and verifications the buyer felt it was appropriate to conduct and/or review.

If the agent checks the "may" option in the mediation paragraph in the REPC, what happens in the event of a dispute?

buyer and seller have the option to attempt to mediate their dispute or go right to the court system in an attempt to resolve the dispute

Who can sign the REPC?

only the buyers, sellers, or those with authority to sign in behalf of the buyers or sellers

If the seller defaults on the terms of a REPC, the seller has already agreed to do what, and the buyer must accept it?

give back the earnest money and also pay the buyer an additional amount equal to the amount of the buyer's earnest money

What should appear in the section regarding water rights (1.4) on page 1 of the REPC if the seller wants to sell their existing water shares to their neighbor rather than include them with the sale of their property to the buyer named on the REPC?

the water shares should be specifically named in 1.4 and excluded from this sale of the seller's real property to the buyer

If the buyer cancels the REPC after the due diligence deadline, what happens to the earnest money deposit?

the buyer is now in default, so it can be retained by the seller as liquidated damages

What is covered in Section 1 of the REPC?

Property location, standard included items, additional included items, excluded items, Water service/rights.

What is covered in Section 1.1 of the REPC?

Standard Included Items

What is covered in Section 1.2 of the REPC?

Other Included Items.

What is covered in Section 1.3 of the REPC?

Excluded Items.

What is covered in Section 1.4 of the REPC?

Water Service.

What is covered in Section 2 of the REPC?

PURCHASE PRICE.

What is covered in Section 2.a-d of the REPC?

(a) Earnest Money Deposit.


(b) New Loan.


(c) Seller Financing


(d) Balance of Purchase Price in Cash at Settlement

What is covered in Section 3 of the REPC?

SETTLEMENT AND CLOSING.

What is covered in Section 3.1 of the REPC?

Settlement.

What is covered in Section 3.2 of the REPC?

Prorations.

What is covered in Section 3.3 of the REPC?

Special Assessments.

What is covered in Section 3.4 of the REPC?

Fees/Costs/Payment Obligations.

What is covered in Section 3.5 of the REPC?

Closing.

What is covered in Section 4 of the REPC?

POSSESSION.

What is covered in Section 5 of the REPC?

5. CONFIRMATION OF AGENCY DISCLOSURE.

What is covered in Section 6 of the REPC?

TITLE & TITLE INSURANCE.

What is covered in Section 6.1 of the REPC?

Title to Property.

What is covered in Section 6.2 of the REPC?

Title Insurance.

What is covered in Section 7 of the REPC?

SELLER DISCLOSURES.

What is covered in Section 8 of the REPC?

BUYER’S CONDITIONS OF PURCHASE

What is covered in Section 8.1 of the REPC?

DUE DILIGENCE CONDITION.

What is covered in Section 8.1 a-c of the REPC?

(a) Due Diligence Items.


(b) Buyer’s Right to Cancel or Resolve Objections.


(c) Failure to Cancel or Resolve Objections.

What is covered in Section 8.2 of the REPC?

APPRAISAL CONDITION.

What is covered in Section 8.2 a-b of the REPC?

(a) Buyer’s Right to Cancel.


(b) Failure to Cancel.

What is covered in Section 8.3 of the REPC?

FINANCING CONDITION.

What is covered in Section 8.3 a-b of the REPC?

(a) Buyer’s Right to Cancel Before the Financing & Appraisal Deadline.


(b) Buyer’s Right to Cancel After the Financing & Appraisal Deadline.

What is covered in Section 8.4 of the REPC?

ADDITIONAL EARNEST MONEY DEPOSIT.

What is covered in Section 9 of the REPC?

ADDENDA.

What is covered in Section 10 of the REPC?

HOME WARRANTY PLAN / AS-IS CONDITION OF PROPERTY

What is covered in Section 10.1 of the REPC?

Home Warranty Plan.

What is covered in Section 10.2 of the REPC?

Condition of Property/Buyer Acknowledgements.

What is covered in Section 10.3 of the REPC?

Condition of Property/Seller Acknowledgements.

What is covered in Section 11 of the REPC?

FINAL PRE-SETTLEMENT WALK-THROUGH INSPECTION.

What is covered in Section 11.1 of the REPC?

Walk-Through Inspection.

What is covered in Section 11.2 of the REPC?

Escrow to Complete the Work.

What is covered in Section 12 of the REPC?

CHANGES DURING TRANSACTION.

What is covered in Section 13 of the REPC?

AUTHORITY OF SIGNERS.

What is covered in Section 14 of the REPC?

COMPLETE CONTRACT.

What is covered in Section 15 of the REPC?

MEDIATION.

What is covered in Section 16 of the REPC?

DEFAULT.

What is covered in Section 16.1 of the REPC?

Buyer Default.

What is covered in Section 16.2 of the REPC?

Seller Default.

What is covered in Section 17 of the REPC?

ATTORNEY FEES AND COSTS/GOVERNING LAW.

What is covered in Section 18 of the REPC?

NOTICES.

What is covered in Section 19 of the REPC?

NO ASSIGNMENT.

What is covered in Section 20 of the REPC?

INSURANCE & RISK OF LOSS.

What is covered in Section 20.1 of the REPC?

Insurance Coverage.

What is covered in Section 20.2 of the REPC?

Risk of Loss.

What is covered in Section 21 of the REPC?

TIME IS OF THE ESSENCE.

What is covered in Section 22 of the REPC?

ELECTRONIC TRANSMISSION AND COUNTERPARTS.

What is covered in Section 23 of the REPC?

ACCEPTANCE.

What is covered in Section 24 of the REPC?

CONTRACT DEADLINES.


(a) Seller Disclosure Deadline


(b) Due Diligence Deadline


(c) Financing & Appraisal Deadline


(d) Settlement Deadline

What is covered in Section 24 of the REPC?

OFFER AND TIME FOR ACCEPTANCE.