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The coronavirus clause is now a thing in resi deals

“Force majeure” clauses allow for extension or termination of contracts

Real estate brokers across the country have been adding standardized coronavirus-related legal language and addendums to help buyers manage risk.
Real estate brokers across the country have been adding standardized coronavirus-related legal language and addendums to help buyers manage risk.

Less than a month ago, a “coronavirus clause” in a condo deal was a rare curiosity. But now such clauses have gone mainstream.

Real estate brokers across the country have been getting standardized coronavirus-related legal language and addendums from their attorneys, title companies, brokerages and trade organizations to help buyers manage risk in these uncertain times, Inman reported.

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“Any new contracts that we’re writing, we are putting an addendum in,” Linda Fercodini of Fercodini Properties in Wolcott, Connecticut told the publication. “We’ve had a few of our buyers want to extend because of their job — the companies they work for have asked them not to come in.”

Many of these clauses include “force majeure” language allowing contracts to be terminated or extended for a period of time under certain unforeseeable circumstances.

The clause used by Fercodini states that a contract may be delayed in the event of “an act of God, declared state of emergency or public health emergency, pandemic (specifically including COVID-19), government mandated quarantine” and some other scenarios.” [Inman] — Kevin Sun

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