The TREC One to Four Family Contract and other TREC contract forms have been revised and are available on the TREC website. While many of the changes are insignificant, such as changing the word facsimile to fax, there are some important changes worth noting
Negotiating during the option period of the One to Four Family Contract can be a stressful time for both REALTORS and principals. Adding to this stress is the fact that the last day of the option period expires at midnight. This resulted in some late-night negotiations with amendments being executed and emailed past what most would consider regular working hours. Many REALTORS will be excited to see that in paragraph 23 of the contract the option period will now expire at 5:00 pm on the last day.
Another significant change to the One to Four Family Contract is the revision of the financing terms found on page 1. In the previous edition of the contract, paragraph 4 outlined what type of financing the borrower would obtain for the purchase with more specific information found in the Third Party Financing Addendum. Now, there will be a simple checkbox on page 1 to indicate what type of Financing Addendum will be attached.
In order for the numbering of the paragraphs to remain the same the Broker/Lawyer Committee of TREC decided to replace paragraph 4 with licensee disclosure. This gives REALTORS the opportunity to disclose any relationship they may have with the principals involved in the transaction.
For those REALTORS that have transactions where the property adjoins a fluctuating body of water, they will be glad to see the addition of paragraph 6(E)10 on page 4. For the past several months TREC has advised REALTORS to write this language in special provisions of the One to Four Family Contract and now it is a part of the promulgated form.
These are just a few of the changes that were approved by the state on November 2nd. REALTORS may start using the new forms immediately and they should be available in ZipForms soon. The mandatory use date for all of the new forms is January 1st, 2016.
To see all of the changes to the forms you may read the materials from the TREC meeting held on November 2nd. The form changes start on page 79 of this document. For your convenience here are links to red-lined versions of the One to Four Family Contract and the Third Party Financing Addendum.