Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 4 years ago on . Most recent reply

User Stats

4
Posts
0
Votes
Michael Fisher
0
Votes |
4
Posts

C.A.R form - RPA - California - Default / Custom Day Precedence

Michael Fisher
Posted

Hi everyone,

I have what is a simple question, but cannot find a concrete answer other than conjecture

On the Residential Purchase Agreement C.A.R form, there are many sections with defined default days, and then a parenthetical next to it to write in a custom day

For example, Inspection period defaults to 17 days, and has a parenthesis next to it for a written value.

"Buyer has 17 (or __) days"

If i was to to put 10 in that field so it read as "Buyer has 17 (or 10) days"

Which has precedence. It can be argued that i have either 17 or 10 days, whichever i choose, which clearly is ambiguous

Is there a clearly defined explanation (legal) that can answer that question?

Most Popular Reply

User Stats

952
Posts
1,151
Votes
Jon Schwartz
  • Realtor
  • Los Angeles, CA
1,151
Votes |
952
Posts
Jon Schwartz
  • Realtor
  • Los Angeles, CA
Replied

@Michael Fisher, oh wait! I do know!

CA contract law stipulates that hand-written material takes precedence over typed material and typed material takes precedence over pre-printed material.

So the parenthetical takes precedence because it is typed while the default is pre-printed.

Loading replies...