Dear Forms Committee: Why isn’t there an option for possession at recording in the OREF sale agreements?

Since there is no consistent communication medium in every transaction, there is no way to contractually agree that all parties will be made aware of when recording occurs simultaneously. Parties can agree to this change in the “Additional Provisions” section if needed, but be aware that all parties may not know when recording has taken place at the same time.  Buyers’ and sellers’ agents should coordinate possession to ensure all parties are aware.

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