With Hurricane Irma, the strongest hurricane ever recorded in the Atlantic, set to make landfall in Florida as early as Friday, the team at Berlin Patten Ebling wishes and prays for the safety of all people impacted. If you have spent any significant amount of time in Florida, you likely have some firsthand experience with the devastating effects of a hurricane and/or tropical storm. As such, Berlin Patten Ebling will be closing all three office locations at noon this afternoon and re-opening (hopefully) on Tuesday, 9/12/17. Our office will be (or has already) contacted all parties scheduled to close during this window in order to reschedule their closing time.
Fortunately, the default language in the FR/BAR Contract provides for an automatic extension of all time periods if a “Force Majeure” event causes closing services to be unavailable. Of note, the 2017 FR/BAR Contract forms simplify and amend subparagraph 5(b) and Standard G of the Contracts. A material change in the time periods is reflected in the following clause from Standard G:
“All time periods, including Closing Date, will be extended a reasonable time up to seven (7) days after the Force Majeure no longer prevents performance under this Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than thirty (30) days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract.”
If you are currently in Florida, Berlin Patten Ebling strongly recommends that you take this very real threat seriously and stay safe. The team at Berlin Patten Ebling wishes everyone the best during this difficult time and we look forward to resuming business as normal as soon as possible. For your convenience, the following link will direct you to the American Red Cross Hurricane Safety information page:
Berlin Patten Ebling, PLLC
This communication is not intended to establish an attorney client relationship, and to the extent anything contained herein could be construed as legal advice or guidance, you are strongly encouraged to consult with your own attorney before relying upon any information contained herein.
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3700 South Tamiami Trail, Suite 200, Sarasota, FL 34239 P (941) 954-9991 F (941) 954-9992
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