Please ensure Javascript is enabled for purposes of website accessibility
A book with Commercial Law written on it and a gavel

New Timing Rules in the FR/BAR Commercial Contract

Update Summary: The FR/BAR Commercial Contract now uses calendar days for all time periods—eliminating the mix of business and calendar day deadlines.

What Changed in the FR/BAR Commercial Contract?

Gone are the old bifurcated time provisions that counted short time periods in business days and longer ones in calendar days. The updated form now simplifies everything: all time periods are counted in calendar days, regardless of the number of days involved.

Calendar Days vs. Business Days: Why It Matters

This aligns the commercial form with the more familiar FR/BAR Residential Contract, which has long-used calendar days across the board. It also eliminates confusion around mixed timing rules—no more wondering whether that five-day deadline is business days or calendar days. As a reminder, other than time for acceptance and Effective Date, any time periods ending or occurring on a weekend or national holiday will extend to the next calendar day that is not a weekend, national holiday, or day on which a national holiday is observed. 

What This Means for Brokers and Agents

For brokers, agents, and attorneys, this change means clearer contract timelines and fewer opportunities for missed deadlines due to counting errors. Make sure your team and clients are aware of this shift and double-check any important dates in contracts using the new form. One calendar day can make a big difference.

As always, if you have any questions about the Commercial Contract or any other real estate matters, please feel free to reach out to your trusted real estate attorney.

Picture of Jill Bowen, Esq.

Jill Bowen, Esq.

Jill focuses her practice on Residential and Commercial real property transactions.

Newsletter Sign Up

Here's How It Works:

Simple Submission: Using Payload, you can send your EMD funds. The platform is designed to ensure your transaction is both secure and hassle-free.

Transparent Fee Structure: A nominal processing fee of $12.00 will be applied to your transaction. This fee is disclosed during the submission process.

Instant Confirmation: Once your transaction is completed, you’ll receive an immediate confirmation email from Payload. Our accounting team will also be promptly notified, usually within minutes of the transfer.

Specifically for EMD: Payload is exclusively for submitting your Earnest Money Deposit ONLY. It is not to be used for final closing proceeds or any other payments.

Deposit Limit: To maintain the integrity of our process, we have set a maximum deposit amount of $100,000.00 for EMD submissions.