Asked and Answered

Technically, yes. When the buyer is not obtaining financing, the standard form of co-op contract does require the submission of the Board package 10 business days after the fully-executed contract is returned to the buyer. The Board package consists of a number of annoying documents, including personal and business reference letters that can be time consuming to obtain. Sometimes, despite the buyer’s best efforts, complying with that ten-day period is difficult, if not impossible. When a Board package is late, and the buyer is subsequently turned down by the Board, the seller may attempt to use the buyer’s late Board package submission as a ground for not returning the contract deposit. Where the buyer is a few days late, but was proceeding in good faith, keeping the deposit over a tardy Board submission will only enrich the attorneys who are processing that lawsuit. Unless the buyer is intentionally or willfully failing to submit the Board package in a timely manner, have your lawyer turn up the heat, but in most cases, blowing up the deal over a Board package that’s a few days late, isn’t a good plan.