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Michael Fisher
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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?

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Jon Schwartz
  • Realtor
  • Los Angeles, CA
1,153
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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.

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