GCAAR Q&A – Is a verbal response to a home inspection notice enforceable?

GCAAR Legal Q&A

Question:  

Is a verbal response to a home inspection notice enforceable?  And how are “days” calculated under the contract?

Answer:  

The Home Inspection Contingency of the Addendum of Clauses (GCAAR Form # 1332) requires delivery of a “Notice” to the other party in response to an offer or counteroffer made by the other party.  Paragraph 9 of the Washington, DC Jurisdictional Addendum (GCAAR Form # 1313) dictates that all notices under the contract must be in writing.  Therefore, responding to a Home Inspection Notice verbally would not be binding on the parties.  

With regards to the definition of a “day” under the contract, the Definitions paragraph of the Washington, DC Jurisdictional Addendum (GCAAR Form # 1313) defines “Day” or “Days” as “calendar days unless otherwise specified.”  The contract and most contingencies use “Day” and thus are calendar days. The same paragraph offers a definition of “Business Days” as “Monday through Friday, excluding federal holidays.” Therefore, if the parties amend the contract to refer to “Business Days”, that definition would be used.

 

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