contract-law california real-estate
Am I interpreting &quot;Removal of Contingencies With Offer&quot; clause properly?
<p><a href="https://www.car.org/-/media/CAR/Documents/Transaction-Center/PDF/Standard-Forms/December-2018/December-2018---Legal-Forms/RPA_12-18_LegalChange_Draft7.pdf?la=en&amp;hash=D75479062DD702151385150ADB8CC10A2C897FCF" rel="nofollow noreferrer">C.A.R. purchase agreement</a> has following paragraph that has a checkbox next to it:</p>
<blockquote>
<p>C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the
contingencies specified in the attached Contingency Removal form
(C.A.R. Form CR). If Buyer removes any contingency without an adequate
understanding of the Property's condition or Buyer's ability to
purchase, Buyer is acting against the advice of Broker.</p>
</blockquote>
<p>If my understanding is correct then whenever that checkbox is marked then together with purchase agreement there <strong>MUST</strong> be a <a href="http://247relm.com/uploads/3/4/6/5/34658071/contingency_removal_1.pdf" rel="nofollow noreferrer">Form CR</a> that explicitly lists what kind of contingencies are removed <strong>at the time of making offer</strong>?</p>
<p>In other words if form CR attached to purchase agreement would have &quot;ALL Buyer contingencies are removed EXCEPT ... Other [marked] home inspection contingency&quot; then buyer could still get out of contract under inspection contingency?</p>

<blockquote>
<p>If my understanding is correct then whenever that checkbox is marked
then together with purchase agreement there MUST be a Form CR that
explicitly lists what kind of contingencies are removed at the time of
making offer?</p>
<p>In other words if form CR attached to purchase agreement would have
&quot;ALL Buyer contingencies are removed EXCEPT ... Other [marked] home
inspection contingency&quot; then buyer could still get out of contract
under inspection contingency?</p>
</blockquote>
<p>The form is suggested but it is possible for a lawyer to draft a form or document to use instead. Brokers stick to safe harbor forms to avoid the unauthorized practice of law.</p>
<p>A something other than a C.A.R. purchase agreement were used as a purchase and sale contract, the contingency might not be there in the first place.</p>
<p>It is also possible to remove a contingency before it expired by its own terms from failure to make a timely objection, via an amendment to the original purchase and sale contract.</p>
<p>But, in general, a contingency provides an out to the real estate contract from which an earnest money deposit is returnable, when a C.A.R. purchase agreement is used, unless to it is removed from the contract by Form CR or some other document executed by the parties.</p>
<p>Of course, it is easy to image that Form CR is filled out in an ambiguous way that leaves the question unclear.</p>
