Note: This is part 3 of our articles on the Utah REPC 2027 updates. See the previous articles for more details.
Earnest Money Moves to the Top of Page Two
Most negotiable terms were moved to page one, but earnest money did not fit. It now appears at the top of page two, followed by the addenda section. That keeps the remaining deal-specific entries easy to find.
The buyer still has four calendar days after acceptance to deliver earnest money under the REPC, and the brokerage has 4 calendar days make the deposit. Later language provides relief when specified money-related deadlines fall on a Saturday, Sunday, or legal holiday, see page 7.
Depositing Earnest Money With a Title Company
The new form recognizes the increasingly common practice of placing earnest money with a title insurance company rather than the buyer’s brokerage. The parties may select the title-company option, but they must also use the state-approved Title Company Earnest Money Addendum.
The addendum matters because title companies are regulated differently from real estate brokerages. Selecting the option without the required form leaves an important part of the arrangement incomplete.
A Clear Remedy for Late Delivery or Deposit
The REPC now states that if earnest money is not delivered or deposited within the required time, the seller may, in the seller’s sole discretion, cancel the contract and pursue available remedies. The prior contract made a late payment a breach but gave less direct guidance about the seller’s response.
Agents should track both delivery and deposit. A buyer may deliver funds on time while a later deposit step is missed, or the buyer may fail to deliver the funds in the first place. The contract distinguishes these responsibilities and attaches serious consequences to both.
A Simpler Addenda Section
Several common addenda are now referenced beside the transaction term to which they relate. The general addenda section therefore becomes simpler and is used to identify other attached addenda by number. Agents should cross-check every referenced addendum before sending the offer for signature.
Microwaves, Projectors, Screens, and Sheds
The included-items language expands to address items that have generated avoidable disputes. Microwave ovens, installed projectors and mounting brackets, mounted projector screens, and sheds are included unless the contract excludes them.
The form also includes the necessary dedicated components and control systems for included property. A control device used only for the installed system stays; a seller’s ordinary laptop, tablet, or mobile phone does not become part of the sale simply because it can operate the system.
Smart-Home Devices Stay Unless Excluded
A new home-automation section expressly includes owned smart-home devices, whether hardwired or not. Examples include security components, thermostats, home monitors, automated locks, video doorbells, automated lighting systems, and the dedicated components needed to operate them.
This should reduce arguments over expensive devices a seller installed gradually and may think of as personal electronics. If the seller intends to keep an item, exclude it in writing before acceptance.
The clause addresses equipment more clearly than it addresses digital life. The parties should also plan for removal of the seller’s account, transfer of administrator access, deletion or retention of cloud recordings, cancellation or transfer of subscriptions, reset of access codes, and protection of personal data.
Other Included Items and Electric-Vehicle Chargers
The contract states that listed personal-property items are included for the parties’ convenience and have been assigned no separate value. This helps separate the transfer of useful items from the real property’s appraised value and mortgage collateral analysis.
The familiar checkboxes for items such as washers, dryers, and refrigerators remain. The new form adds electric-vehicle charging stations and associated equipment. Because an installed charger may be valuable and removable, agents should address it expressly rather than relying on assumptions.
When a property contains multiple similar appliances, identify the specific item. A checked refrigerator box does not necessarily tell the parties whether it means the kitchen refrigerator, garage refrigerator, or both. Location, make and model, or serial number can eliminate the ambiguity.
Water Rights and Shares
The water provision states more specifically that the purchase includes any water rights or water shares, if any, that are a legal source for the seller’s current culinary or domestic water service, irrigation or secondary-water service, or stock-watering service.
A former blank for additional water interests has been removed. A buyer may not know what other water interests the seller owns when the offer is drafted. If the seller intends to exclude or reserve an interest, the counteroffer or addendum should describe that intention precisely.
Special Assessments
The special-assessment section is broadened beyond capital improvements. It expressly addresses assessments approved before settlement by an HOA, municipality, special improvement district, or public infrastructure district. The parties may assign the cost to the seller, buyer, equally between them, or another stated allocation.
Approval timing matters. A proposed assessment may not be covered if it has not been approved by settlement, even when it has been discussed for months. Buyers should review minutes, budgets, project plans, and pending proposals during due diligence. A large assessment approved just after closing can still become the new owner’s burden.
Change-of-Ownership Fees and Buyer Setup Fees
The parties can allocate certain transfer, reinvestment, community-enhancement, or other change-of-ownership fees. The new language clarifies that an HOA buyer setup or buyer administrative fee is not treated as a change-of-ownership fee under that selection. If the parties intend the seller to pay a buyer-specific setup fee, they should address it separately.
Page 2 Takeaway
Page two reflects how homes and closings work today. It accommodates title-company earnest money, anticipates smart-home and EV equipment, and speaks more precisely about water and community assessments. Most preventable disputes on this page can be avoided with two habits: attach every required addendum and identify valuable included or excluded items with specificity.
Official references: Utah State Approved Forms and Utah Code 61-2f.
Educational disclaimer: This general educational summary is not legal or tax advice. Consult the final approved form, the principal broker, and qualified legal or tax counsel as appropriate.