New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS
Subchapter 6 - CONTRACTS
Section 5:26-6.6 - Mandatory provisions
Universal Citation: NJ Admin Code 5:26-6.6
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Every contract or agreement for the purchase of a lot, parcel, unit or interest in a planned real estate development or retirement community shall contain clauses and provisions to include the following, in addition to the requirement of notice of cancellation as in 5:26-6.3:
1. A clause or provision providing that all
deposits or money paid under the contract or agreement shall be held in escrow
until closing or termination of the contract or agreement, or until a bond or
other guarantee acceptable to the Agency is provided. There shall also be
stated the name of the institution where the escrow account is located or name
of the attorney in whose trust account the funds are deposited and the fact
that the escrow will exist for at least the seven day rescission
period;
2. A clause or provision
that if the contract or agreement is subject to a mortgage contingency, the
mortgage commitment be obtained within a specific period of time and if it is
not obtained within that time, either party may cancel the contract or
agreement upon written notice to the other, without penalty;
3. A clause or provision providing for the
right of inspection by the purchaser of the lot, parcel, unit or interest prior
to closing. Said inspection shall be within a reasonable period of time prior
to closing;
4. A clause or
provision providing reimbursement to the purchaser of the cost of title
searches or surveys in the event title to a lot, parcel, unit or interest is
found to be unmarketable;
5. A
clause or provision that the purchaser is receiving a proportionate undivided
interest in the common elements and/or facilities and stating what that
interest is;
6. A clause or
provision stating the type of deed to be given to the purchaser;
7. A statement, near the signature line,
stating that the purchaser has received a copy of the public offering
statement.
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