Is checking Section 2.2 of REPC required?

Section 2.2 was added for the specific purpose of being transparent with regards to a buyer’s ability to purchase without a Subject to Sale contingency. It would be misleading to not check “IS” and still need to sell a home in order to close. Agents and buyers may think they can manipulate their REPC dates to close on their current purchase and then their new buy without checking that the closing is subject to the sale of their home. This would be wrong and misleading.

2.2  Sale of Buyer’s Property.  Buyer’s ability to purchase the Property, to obtain the Loan referenced in Section 2.1(c) above, and/or any portion of the cash referenced in Section 2.1(e) above  IS  IS NOT conditioned upon the sale of real estate owned by Buyer. If checked in the affirmative, the terms of the attached subject to sale of Buyer’s property addendum apply.