Contract Timeline and Deadlines
You have been searching for a home to purchase for months and are finally ready to submit the offer. How exciting! The real estate agent who’s been tirelessly helping you definitely knows how to fill out the contract, but do you understand it? We ask because you’re the one signing it, not your real estate agent. For instance, the Colorado (Residential) Contract To Buy and Sell is nineteen pages long! This is Part 1 of our series explaining Colorado Contract Timelines and Deadlines where we will aim to help you understand the process.
There are 43 possible deadlines in the Contract to Buy and Sell, but you don’t typically use all of them in a normal transaction. Real estate agents set the dates of the contract based on when they believe they can get the items accomplished. Most dates in the contract are related to the Mutually Executed Contract (MEC) date which is the last date the final person signed the contract (including Counter Proposals). If you learn what these dates mean and how they relate to other dates, you will understand 75% of the contract. Some people feel more comfortable with a Real Estate Attorney reviewing their contracts. If you are in this group, by all means, run the contract by an attorney.
In this series we will go through the deadlines in order to prepare for most likely, the single largest purchase of your lifetime.
Time of day deadline
The term “day” means the entire day ending at 11:59 p.m., United States Mountain Time (Standard or Daylight Savings, as applicable). Except however, if a Time of Day Deadline (Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and Termination Deadlines will end on the specified deadline date at the time of day specified in the Time of Day Deadline, United States Mountain Time. If the Time of Day Deadline is left blank or “N/A” the deadlines will expire at 11:59 p.m., United States Mountain Time.
Computation of Period of Days
In computing a period of days (e.g., three days after MEC), when the ending date is not specified, the first day is excluded and the last day is included.
If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline [ ] Will [ ] Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended.
Alternative Earnest Money Deadline
The Alternative Earnest Money Deadline is when the earnest money is due. This deposit must be turned into either the Brokerage or Title Company in either check or electronic form. The amount of the deposit is usually set by the sales contract and is typically available in the MLS. This date can be 1-3 days from the MEC.
Record Title Deadline
The Record Title Deadline is the deadline in which the title company must provide the buyer a current commitment for an owner’s title insurance policy.
This will consist of copies of any plats, declarations, covenants, conditions & restrictions burdening the property. In addition, any copies of other documents listed in the Schedule of Exceptions in the Title Commitment must be provided. This date is usually 10-14 days from the MEC.
Record Title Objection Deadine
The Record Title Objection deadline allows the Buyer to object to the title condition. This is at the Buyer’s discretion and can therefore be based on any unsatisfactory title condition. This date is typically 12-15 days from the MEC.
Off-Record Title Deadline
The Off-Record Title Deadline is when the Buyer must receive copies of all existing documents in the Seller’s possession and must disclose to Buyer all easements, liens, leases, agreements or other title matters not shown by public records, of which the Seller has actual knowledge. This date is usually 10-14 days from the MEC.
Off-Record Title Objection Deadline
This is similar to the Record Title Objection. The Buyer can object & terminate if unsatisfied with documents provided in Off-Record Title Deadline (above). This date is usually 12-15 days from the MEC.
Title Resolution Deadline
The Title Resolution Deadline is the date by which all title objections must be resolved. This date is typically 15-17 days from the MEC.
The Third Party Right To Purchase/Approve Deadline
This gives a third party, typically an HOA or condo board that acts as a governing authority for a community, the ability to vet and approve a Buyer’s contract. If applicable, the entity holding the right gets the opportunity to either approve or disapprove the contract. This date is typically 5-7 days from MEC. We don’t see this too often in the contracts we manage.
These are just the first eight of 43 deadlines listed on the contract. We’ll go into more of these deadlines in our continuing series, Getting to Know The 2022 Colorado Real Estate Contract. Stay tuned!