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January 1, 2002
James D. FitzPatrick
Chair, Subcommittee of the Residential Contract Real Property
Section
On September 13, 2001, the Executive Committee and the Board
of Directors of the Onondaga County Bar Association approved a
revised form of contract for use in residential real estate
transactions.
The current contract was approved in 1996. In light of the
many recent changes in law and procedures that impact on real
estate practice, the members of the Real Property Section
concluded that it was imperative to revise the contract to
address these changes. It is intended that the new contract be
a "Living Document" - one that will be continually amended to
reflect changes in real estate law and practice.
In producing the document, revised contracts from several
jurisdictions such as Erie County, Monroe County, and New York
County were reviewed and considered. At various stages, drafts
were submitted to many members of the bar for review and
comments. The comments received were invaluable in producing
the final document.
The revised contract incorporates provisions that were
previously set forth in a variety of riders and schedules. It
is intended to be more user friendly, having been drafted with
larger type and an 8.5 by 11 inch format to facilitate
facsimiles. The document places variable information on the
first five pages, followed by uniform general conditions. It
improves the attorney approval procedure, and addresses property
disclosure and environmental concerns. As mentioned, the
revised contract is a "Living Document" and will be revised to
reflect the passage of the "Property Conditions Disclosure Act"
which became law on November 14, 2001, effective March 1, 2002.
The residential real estate transaction becomes increasingly
complex. The pitfalls and demands upon the practitioner are
many. The revised contract was produced with this in mind, and
is also intended to be helpful to new attorneys entering the
practice.
The revised contract will now be reviewed by a committee of
the Greater Syracuse Association of Realtors for the purpose of
producing a document that will be used universally in the
community. Copies of the new contract are available at the Bar
Office or electronically from the
FORMS section of this site.
Finally, we express sincere appreciation to a hardworking
subcommittee consisting of Tom Barnell, Peter Colman, Gil
Hoffman, Vaughn Lang, Tracy Wittenburg, and Rocco Mangano, who
have met regularly over the past three years to produce the
revised contract.
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