Off Record/Due Diligence Records
Off record matters and due diligence document are anything in the form of records about your home that may not be a part of regular title work. An example would be a soil report, foundation report, radon testing results, mold testing results, or any other documents you feel the Buyer should have the opportunity to review before purchasing your home.
The section in the sales contract for Off Records Matters reads . . true copies of all existing surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line discrepancy or water rights).
The section in the contract for Due Diligence Documents reads . . All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): Other documents and information.