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Waiver of Delivery Requirement

What is the Waiver of Delivery Requirement

The waiver of delivery requirement is an agreement which is entered into by a transfer or, the transferee as well as the lender if there is one. In this agreement it is decided by the parties that the time period which is applicable for delivering the disclosure document as per the Illinois Responsible Property Act can be waived.

As per the Act which is also referred to as the IRPTA it is stated that when transfers are done after Jan 1, 1990 with regards to property, the transferor in 30 days needs to execute a written contract where the transfer of the property is done. This cannot be done later than 30 days before transferring the property which is as per the laws of the Act. It states that the transferee and the lenders are to be given the disclosure document in that time frame.

As per the Act however, the parties can waive off the time period if they all agree by written consent that they understand the purpose as well as the intent of the disclosure document and they understand the waiver provision.

When the parties agree and sign the document, they are made aware that there are environmental liabilities as well as there are liabilities with regards to past usage and the environmental status of these properties.

It is stated as per the agreement that the parties will act responsibly and fulfill all the purposes as well as the intents which the environmental laws which are in existence serve.

 

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