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When is the back-up contract’s effective date?

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12/12/2014 | Author: Editorial Staff

My client wants to submit an offer for a property that’s already under contract using the Addendum for Back-up Contract. How do we determine the contract’s effective date?

The effective date for purposes of depositing earnest money and paying any termination option fee is the date of final acceptance. This is the date that the last party to sign the back-up contract communicates acceptance back to the other party or the other party’s agent, if applicable.

The effective date for all other performance under the contract is the “Amended Effective Date,” which is the date the seller notifies the back-up buyer that the first contract is terminated and the back-up contract becomes the primary contract.

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Categories: Forms, Legal
Tags: contracts, effective date, legal, legal faq

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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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