Please also see my June 10, 2009 Update on CIC Packages.

I received an attractive question from a salesperson. 

Question: “So, the CIC documents (the resale package) is not being delivered to my buyer.  It’s a long story, but my buyer doesn’t want to pay, the seller doesn’t want to pay, etc.  I am worried the buyer will regret this.”

Answer: “You should place in writing, that the buyer should buy it, even if the seller is meant to provide it as these CC&Rs are going to affect them.”

Q- What should the language say?

A – Well, as luck would have it!  I wrote another form which can be located at ameriforms: Re-Sale’ Package Non Receipt Buyers’ Hold Harmless of Broker… here’s what is says:

The Common Interest Community/Home Owners Association Resale Package also known as the “Resale Package” concerning the Property is not being provided by Seller to Buyer as required by NRS 116.  The Buyer instructs that they do not wish to purchase the Resale Package at their own expense, due to the restrictive cost or other reasons.  Buyer is aware of the location, price and how to purchase the Resale Package via the CIC community above described.  Buyer understands that they are not in receipt of the CC&R’s, Bylaws, financials and other documents they are meant to receive via NRS 116.4109  and the Buyer understands that these documents are binding upon the Buyer and affect the Buyer’s real property rights.  Buyer holds harmless the Seller, Seller Broker/Salespersons and Buyer Broker/Salespersons as to any and all losses, damages, inconvenience the Buyer may sustain as a result of the non receipt of the “re-sale” package.  Finally Buyer is made aware that upon a conveyance of real property without the purchaser receiving the “re-sale” package Buyer is NOT entitled to “cancel” the purchase agreement or “damages, rescission or other relief based solely on the ground that the unit’s owner or his authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.”

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