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ROSENZWEIG LAW FIRM

Prepare and Review Contracts Attorney — Lester Prairie, Minnesota

Prepare and Review Contracts Attorney — Lester Prairie, Minnesota

Comprehensive Guide to Preparing and Reviewing Real Estate Contracts

When you are buying, selling, or leasing property in Lester Prairie, careful preparation and review of contracts protects your interests and clarifies obligations. Our firm helps clients understand terms, identify hidden risks, and negotiate language that better reflects their goals. We review purchase agreements, contingencies, addenda, and closing documents to reduce surprises and support a smoother transaction. Practical contract review can prevent delays, avoid disputes, and preserve value in real estate matters across McLeod County and the surrounding Minnesota communities.

Real estate transactions involve many moving parts and legal implications that affect timelines, costs, and long-term outcomes. A thorough contract review reveals deadlines, financing contingencies, inspection responsibilities, and indemnity language that might otherwise be overlooked. We aim to make complex documents accessible by explaining what each provision means, what rights it creates or limits, and what actions are needed to protect your position. Thoughtful drafting and review help you proceed confidently and reduce the likelihood of litigation or unexpected expense.

Why Contract Preparation and Review Matters for Real Estate Deals

Careful contract preparation and review helps prevent costly misunderstandings and establishes clear responsibilities for all parties. By identifying ambiguous provisions, addressing contingencies, and confirming timelines, thorough document work reduces the risk of disputes and transaction delays. It also makes negotiation more focused and efficient, giving clients stronger leverage to secure desirable terms. When contingencies and obligations are clearly stated, closing proceeds more predictably and post-closing problems become less likely, protecting your financial and practical interests in the property.

About Rosenzweig Law Office and Our Approach in Lester Prairie

Rosenzweig Law Office provides practical legal support for business, tax, real estate, and bankruptcy matters across Minnesota, including Lester Prairie and McLeod County. Our approach emphasizes clear communication, careful review of documents, and sensible negotiation strategies that align with your objectives. We guide clients through each stage of a real estate transaction, from initial contract drafting to closing, helping to anticipate typical pitfalls and offering solutions that protect your rights and financial interests while advancing a timely, cost-effective outcome.

Understanding Contract Preparation and Review Services

Contract preparation and review covers drafting, analyzing, and revising written agreements used in real estate transactions. This service includes examining purchase agreements, contingencies, disclosures, lease terms, and closing documents to ensure they accurately reflect the parties’ intentions. We check for timelines, financing conditions, inspection provisions, title obligations, and indemnity language, then explain the practical consequences of each clause. The goal is to produce clear, enforceable documents that reduce risk and support a smooth transfer of property rights.

In many transactions, small wording differences can create material shifts in obligations or risk allocation. Our review focuses on clarifying ambiguous terms, aligning contract language with negotiated points, and recommending edits that balance protection with fair market practice. We also assess whether additional provisions or addenda are needed to address unusual circumstances or contingencies. Communicating these recommended changes to other parties or their representatives helps to move negotiations forward and avoids later disagreement.

What Contract Preparation and Review Entails

Contract preparation and review means more than reading documents; it is a detailed assessment of contractual risk, performance obligations, and compliance with applicable laws. The process evaluates whether terms are clear, enforceable, and aligned with the client’s objectives, and it recommends specific language changes where necessary. This often includes drafting addenda, creating contingency timelines, coordinating with lenders or title companies, and ensuring all required disclosures are included so the transaction can proceed without unexpected legal impediments.

Key Elements and Typical Review Processes

A comprehensive review addresses several core elements such as purchase price and payment terms, inspection and financing contingencies, title and survey concerns, closing schedules, prorations, and remedies for breach. The process usually begins with an initial document review, followed by a written summary of issues, recommended revisions, and negotiation support. Coordinating with other professionals like real estate agents, lenders, and title companies ensures that contractual changes are practical and that the transaction remains on schedule toward closing.

Key Contract Terms and Glossary

Understanding common contract terms helps you evaluate obligations and avoid contract pitfalls. This glossary highlights frequently encountered phrases such as contingencies, earnest money, title insurance, and default remedies. Knowing what these terms mean in practice clarifies who bears certain risks and what steps must be taken if issues arise. We provide plain-language explanations of these concepts to help clients make informed decisions during negotiation and before signing binding documents.

Contingency

A contingency is a contract provision that makes a party’s obligations conditional upon a specific event or condition, such as financing approval or a satisfactory inspection. Contingencies protect buyers and sometimes sellers by allowing a party to withdraw or renegotiate if the condition is not met. The timing and scope of contingencies are important, as they set deadlines for inspections, loan approval, and other actions. Clear contingency language helps avoid disputes about whether a condition was satisfied within the contract timeframe.

Title Commitment

A title commitment is a document from a title company indicating the conditions under which title insurance will be issued and identifying any exceptions or liens that affect the property. Reviewing the title commitment is essential to confirm that ownership can be transferred free of undisclosed encumbrances. The commitment lists requirements to be satisfied before closing and exceptions that could limit the buyer’s rights. Addressing title issues early through contract provisions and required curative actions reduces the risk of closing delays or future disputes.

Earnest Money

Earnest money is a deposit made by a buyer to show commitment to a transaction and is typically held in escrow until closing or termination. The contract should specify conditions for releasing or forfeiting those funds, such as failure to satisfy contingencies or a buyer’s breach. Clear terms help both parties understand when earnest money is refundable and when it may be applied to damages or closing costs. Proper handling of earnest money reduces uncertainty in the event of a dispute.

Default and Remedies

Default occurs when a party fails to perform a contractual obligation, and remedies describe the available responses such as termination, monetary damages, or specific performance. Contracts should define what constitutes default, notice requirements, cure periods, and the available remedies to make enforcement predictable. Well-drafted remedies provisions encourage timely resolution of breaches and clarify whether a non-breaching party can recover costs or pursue equitable relief, which can influence negotiation and decision-making during the transaction.

Comparing Limited Review vs. Comprehensive Contract Services

Transactions sometimes require a brief limited review that focuses on a few key items, while other situations call for a comprehensive approach that examines every clause and contingency. Limited review can be faster and less costly when the deal is straightforward and parties are experienced. Comprehensive review is better for complex deals, unusual title issues, or when the stakes are higher. Choosing the right level of review depends on the property, financing complexity, timeline, and the client’s tolerance for risk.

When a Limited Contract Review Makes Sense:

Simple Transactions with Standard Terms

A limited review often suffices for transactions using standard form contracts with straightforward financing and routine title conditions. If the property has a clear title history, inspections are routine, and the parties have a history of clean closings, a focused review of critical provisions may be efficient. That approach verifies essential items such as financing deadlines and contingencies without the time and expense of a full contract redraft, while still reducing the chance of surprise obstacles at closing.

Low-Risk Deals with Established Parties

When both buyer and seller are experienced and the transaction involves minimal negotiation, a limited review targeting specific risks can be appropriate. In transactions where the parties have relied on a realtor’s or lender’s standard procedures and there are no unusual title or zoning issues, a concise assessment focused on deadlines, earnest money, and closing logistics can protect interests while keeping costs reasonable. This approach balances practicality with necessary protections for routine deals.

When a Comprehensive Contract Service Is Advisable:

Complex Transactions or Title Issues

Complex deals, such as those involving unusual title defects, boundary disputes, or multiple contingencies, typically require a comprehensive review to identify and mitigate potential liabilities. A thorough contract analysis addresses curative items listed in a title commitment, coordinates required documentation, and drafts protective language to allocate risk appropriately. Investing in detailed review up front can prevent costly litigation or protracted negotiations later, and helps ensure the transaction can close with known obligations and remedies.

High-Value Transactions or Development Projects

High-value purchases, commercial real estate transactions, or development arrangements present greater exposure to risk and frequently involve complex financing terms, multiple stakeholders, and regulatory requirements. Comprehensive contract services examine leaseback provisions, phased closings, easements, and covenants, and ensure financing contingencies and closing conditions are tightly coordinated. Detailed attention to these elements protects long-term investment value and reduces the likelihood of costly disputes after closing.

Benefits of a Thorough Contract Review and Drafting Process

A comprehensive approach reduces exposure to ambiguous language, helps confirm title and financing conditions are satisfied, and aligns contract terms with your objectives. By addressing potential problems early, the process minimizes closing delays and curbs the chance of post-closing claims. Comprehensive drafting also clarifies obligations for repairs, prorations, and closing adjustments, enabling smoother coordination among buyers, sellers, lenders, and title agents. This proactive work supports more predictable and orderly transactions.

When a contract accurately reflects negotiated terms, parties have clearer expectations and fewer disputes, which leads to more efficient closings. Offensive and defensive contract language is drafted to protect funds, timelines, and property condition assessments, and to provide practical remedies in case of breach. Working through these issues in advance allows clients to focus on closing with confidence, knowing important contingencies and obligations were given deliberate attention and that potential risks were thoughtfully allocated.

Clarity in Risk Allocation and Responsibilities

Thorough review ensures each party’s responsibilities are clearly defined, from repair obligations to payment and closing logistics. Clarifying who bears various costs and what happens if contingencies are unmet prevents later disputes. This clarity reduces ambiguity about timelines, notice requirements, and entitlement to remedies, making enforcement and compliance more straightforward. When responsibilities are spelled out, parties are better positioned to fulfill their duties and avoid misunderstandings that can derail a transaction.

Reduced Likelihood of Post-Closing Problems

A detailed contract process anticipates and addresses issues that commonly lead to post-closing problems, such as undisclosed liens, boundary matters, or unclear maintenance obligations. By resolving potential defects and including appropriate title and survey conditions, transactions are less likely to trigger disputes or claims after closing. This foresight protects the buyer’s investment and the seller’s ability to complete the sale cleanly, saving time, money, and stress for everyone involved.

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Practical Tips for Contract Preparation and Review

Read the Entire Document Before Signing

Take the time to read every page, including exhibits and addenda, before committing to a signature. Important terms and deadlines may be embedded in attachments or boilerplate sections. Thorough reading helps you identify financing deadlines, inspection periods, and penalties for missed actions. If anything is unclear, request clarification or propose specific language that better reflects the negotiated agreement. Early clarity minimizes surprises and empowers you to make informed decisions during the transaction.

Confirm Title and Survey Matters Early

Address title and survey issues as part of the contract process rather than waiting until closing. Confirm whether title commitments list exceptions, easements, or liens that need to be resolved, and ensure the contract deadlines allow time for curative action. When surveys are required, review them promptly to identify boundary or encroachment concerns. Handling these matters early protects closing timelines and helps prevent last-minute disputes or adjustments that can jeopardize the transaction.

Document All Negotiated Changes in Writing

Make sure any negotiated changes are reflected in the written contract or in signed addenda to avoid misunderstandings. Oral agreements or email confirmations should be incorporated into a formal amendment or attached addendum so all parties have a single authoritative document. Clear written records of negotiated changes protect both buyer and seller and reduce the risk of later conflict about what was agreed. Keep careful records of all versions and executed amendments throughout the transaction.

Key Reasons to Consider Professional Contract Review

If you want to reduce legal and financial risk, protect your timelines, and ensure obligations are clear, professional contract review offers substantial value. The service helps identify hidden contingencies and clarifies responsibilities related to inspections, financing, and title. It can also produce clearer remedies for breach and coordinate closing logistics with lenders and title companies. Consider review when the transaction involves significant investment, unfamiliar contract terms, or potential title or zoning complexities.

Engaging review services is also advisable when deadlines are tight or when buyers and sellers have differing expectations about repairs, prorations, or possession. A careful review aligns the written agreement with the parties’ intentions and reduces the risk of costly delays or disputes. Whether you are a first-time buyer or an experienced investor in Minnesota, thoughtful contract work supports smoother closings and reduces the likelihood of contentious post-closing claims that can be time-consuming and expensive to resolve.

Common Situations Where Contract Review Is Important

Contract review is particularly important in transactions involving financing contingencies, conditional offers, title exceptions, or required repairs. It also matters when there are multiple stakeholders, such as co-owners, commercial lenders, or buyers buying property subject to leases. Significant renovation projects, land development deals, and purchases involving easements or complex HOA rules typically require careful drafting and negotiation. In each case, precise contract language helps allocate responsibilities and manage expectations.

Transactions with Financing Contingencies

When financing is a condition of purchase, the contract must specify timelines for loan approvals, appraisal requirements, and the consequences if funding is not obtained. Clear financing provisions protect buyers by allowing withdrawal if loan conditions are not met, while giving sellers certainty about closing windows. Reviewing these clauses ensures lenders’ requirements align with contract obligations and that notice and cure periods are reasonable to avoid unnecessary forfeiture of earnest money.

Deals Involving Title or Survey Issues

If the title commitment reveals liens, easements, or exceptions, contract provisions should address who will resolve those issues and by when. Survey discrepancies and boundary disputes require careful drafting to allocate responsibility for resolution and to establish clear timelines. Identifying title or survey concerns during the review phase prevents last-minute surprises and helps ensure that necessary curative actions or price adjustments are handled before closing.

Sales with Repair Negotiations or Inspection Contingencies

When buyers request repairs or negotiate credits based on inspection results, the contract should specify the scope of work, who will perform repairs, and how costs or credits will be handled at closing. Inspection contingencies must include clear deadlines for acceptance or termination and address how unresolved issues affect closing obligations. Detailed provisions reduce uncertainty and make it easier to enforce agreements about repairs or financial adjustments after inspections are completed.

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We’re Here to Help with Your Contract Needs

If you are preparing or reviewing a contract for a real estate transaction in Lester Prairie or the surrounding area, we can assist with document review, drafting addenda, and negotiating language with other parties. Our focus is on clear communication and practical solutions that align contract terms with your objectives. Call to discuss timelines, title concerns, or inspection issues so we can outline a plan to protect your interests and help keep the transaction on track toward a timely closing.

Why Choose Rosenzweig Law Office for Contract Work

Rosenzweig Law Office offers focused legal support for real estate transactions across McLeod County and Minnesota, including Lester Prairie. We emphasize practical, understandable guidance so clients can make informed decisions. Our approach includes careful document review, clear explanations of contractual consequences, and negotiation strategies that protect client interests while facilitating progress toward closing. We coordinate with agents, lenders, and title companies to ensure contract changes are implemented and deadlines are met.

Choosing a firm to assist with contracts can reduce stress and help transactions proceed more smoothly by aligning paperwork with the parties’ intentions. We draft clear provisions, prepare necessary addenda, and address title or survey issues proactively. Our goal is to make contract terms understandable and enforceable, so clients know what to expect throughout the process and can focus on the larger business or personal goals driving the real estate transaction.

We also prioritize practical problem solving and timely communication to help meet closing schedules and respond quickly to unforeseen issues. Whether the transaction is routine or complex, we tailor our services to the client’s needs and risk tolerance. By addressing contingencies, deadlines, and title requirements early, we help clients avoid common pitfalls and support a more predictable path to closing and post-closing stability.

Ready to Review or Prepare Your Contract? Contact Us

Our Contract Review and Preparation Process

We follow a clear process to review and prepare contracts that begins with an initial document review and client consultation. After identifying key risks and necessary changes, we provide a written summary of recommended revisions and explain practical consequences in plain language. If negotiation is needed, we draft proposed language and communicate with the other party or their representative. Finally, we coordinate with lenders and title agents to ensure conditions are satisfied and the closing proceeds on schedule.

Step 1 — Initial Document Review and Client Consultation

The first step is a careful review of the contract, supporting documents, and any title or survey information, followed by a consultation to clarify goals and concerns. We note ambiguous or unfavorable terms, deadlines, and contingencies that may require revision. During the consultation we prioritize the issues that matter most to you and outline options for drafting changes or negotiating terms with the other party to better align the contract with your objectives.

Document Assessment and Risk Identification

We identify sections that could create unexpected obligations, such as open-ended indemnities, unclear closing conditions, or ill-defined inspection rights. Each notable item is documented with an explanation of the practical impact and recommended language to reduce ambiguity. This risk assessment gives you a clear understanding of potential issues and helps determine whether a limited review is sufficient or a more comprehensive drafting effort is required.

Prioritizing Changes and Negotiation Strategy

After assessing the document, we prioritize requested changes based on potential impact and likelihood of successful negotiation. We develop a negotiation strategy that balances protection with market expectations and prepares proposed contract language. This prioritization ensures the most important protections are addressed first and creates a practical path to reach an agreement that advances the transaction while preserving key client interests.

Step 2 — Drafting Revisions and Communicating with Other Parties

Once priorities are set, we draft clear revisions or addenda and communicate those changes to the other party or their representative. Drafting focuses on plain language that preserves legal effect while reducing ambiguity, and we prepare supporting explanations to facilitate negotiation. Timely communication and coordinated documentation help keep the transaction moving and minimize delays arising from multiple rounds of edits or unresolved issues.

Drafting Addenda and Alternative Language

We prepare proposed addenda, alternative clauses, and explanatory notes to make the rationale for changes clear to the opposing party. Drafts are tailored to address the specific risks identified during review, such as title exceptions or inspection contingencies, and aim to be concise and enforceable. Clear drafts reduce the need for extended back-and-forth and make it easier for the parties to reach agreement on the key points.

Negotiating Changes and Confirming Agreements

During negotiation, we present proposed changes, explain their practical consequences, and respond to counterproposals to reach mutually acceptable language. When agreements are reached, we ensure all changes are incorporated into a single version of the contract or in executed addenda, and confirm that signatures and dates are correct. Clear documentation of agreed edits prevents later disputes about what was negotiated and accepted.

Step 3 — Pre-Closing Coordination and Final Review

Before closing, we verify that all contract conditions are satisfied, work with title companies to clear any remaining exceptions, and confirm required documents are ready. A final review checks that financing, inspections, and any required repairs or credits have been addressed according to the contract. This pre-closing coordination reduces the likelihood of last-minute issues and helps ensure the closing proceeds with the agreed terms in place.

Clearing Title Exceptions and Meeting Closing Requirements

We assist with clearing title exceptions and coordinating necessary documentation so the title company can issue the required title insurance or commitment. That may involve preparing payoff statements, coordinating lien releases, or confirming recorded easements. Ensuring these items are resolved ahead of closing prevents delays and helps the parties complete the transaction under the agreed terms and schedule.

Final Contract Confirmation and Closing Support

On the eve of closing we confirm that all contractual deadlines have been met, funds are in place, and the closing documents reflect agreed amendments. We remain available to address last-minute questions, review final closing statements, and ensure that signatures and disbursements proceed as required. This final stage ties together the contract work to facilitate a successful closing and helps provide continuity if post-closing follow up is needed.

WHO

we

ARE

Seasoned, flat-fee counsel you can count on.
Barry Rosenzweig has served Minnesota and Arizona for three decades, guiding 3,000 clients through bankruptcy, real estate, estate planning, tax resolution and business matters with clear communication and practical strategies.

From first call to final signature, we keep the process simple, predictable and affordable. Most matters can be handled remotely or in one short meeting, and you’ll always know your next step and your cost before you decide.

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Frequently Asked Questions About Contract Preparation and Review

What should I expect during a contract review for a home purchase?

During a contract review for a home purchase you should expect a thorough read of the purchase agreement, related addenda, disclosures, and any title or survey documents provided. The review will identify key deadlines, inspection and financing contingencies, earnest money terms, and any provisions that could create unexpected obligations. We summarize issues in plain language, explain practical consequences, and recommend specific edits to better protect your position or to clarify responsibilities. After the initial assessment, you will receive a prioritized list of suggested changes along with a strategy for negotiation. We focus on the items with the greatest potential impact on your closing and financial exposure, and we work with you to balance protections with the practical expectations of the transaction. This process helps reduce surprises and supports a smoother path to closing.

The time needed to review and revise a standard purchase agreement depends on complexity and whether title or inspection issues are present. For straightforward residential transactions, an initial review and summary of recommended changes can often be completed within a few business days. If the agreement requires negotiation or if title and survey items need resolution, the timeline may extend as parties exchange proposed edits and documentation. Prompt communication and providing all relevant documents up front speeds the process. Clear priorities about which provisions matter most also help focus revisions. When timely responses occur from all parties involved, the back-and-forth required for finalizing revisions is reduced and closing can proceed on schedule.

Yes, a contract review will typically include examination of the title commitment and any available survey to identify liens, recorded easements, encroachments, or other exceptions that may affect ownership. We point out items that could prevent a clean transfer of title and recommend contractual measures or curative steps to address them before closing. Addressing these issues early allows parties to negotiate solutions or set clear expectations for resolution. If the title commitment reveals significant matters, we describe options such as requiring the seller to remove liens, obtaining specific insurance exceptions, or adjusting price or closing timelines. Our goal is to make sure title concerns are visible and managed so they do not become unexpected obstacles at closing.

Common contingencies in residential purchase contracts include financing approval, satisfactory inspection results, title clearance, and appraisal. Financing contingencies protect buyers who are dependent on loan approval and typically set deadlines for obtaining a mortgage commitment. Inspection contingencies allow buyers to confirm property condition and negotiate repairs or credits based on findings. Clear deadlines and procedures for acceptance or termination are important elements that should be spelled out. Appraisal contingencies address valuation and can enable a buyer to renegotiate or withdraw if the property appraises below the agreed price. Title contingencies ensure that any title defects identified can be resolved before closing. Each contingency should specify how the parties proceed if the condition is unmet to reduce uncertainty and protect the parties’ respective interests.

Earnest money disputes arise when a party seeks to retain or recover escrowed deposits after a failed transaction. Resolution depends on the contract terms governing refundability, the presence of valid contingencies, and whether a party breached their obligations. A clear contract that spells out conditions for refund or forfeiture and notice and cure periods often prevents disputes and makes outcomes predictable. If a dispute occurs, resolution may involve negotiation, mediation, or legal action based on the contract’s provisions. Documentation of inspection results, financing denials, and communications about deadlines typically guides the outcome. Having explicit contract language about earnest money handling reduces the need for contentious post-closing proceedings.

Contract language can reduce exposure to unexpected property defects by including inspection contingencies, seller disclosures, and specific remedies or responsibilities for repairs. Clear deadlines and procedures for raising concerns after inspections make it easier to negotiate repairs, credits, or termination. Warranties or express representations by the seller can also be included, when appropriate, to allocate responsibility for known conditions. However, some defects may be latent or unknown despite reasonable inspection, and contract clauses can only allocate risk rather than eliminate it entirely. Title insurance and carefully drafted representations and warranties provide additional layers of protection and should be considered as part of a comprehensive contract strategy.

Commercial transactions often require additional documents such as leases, environmental assessments, zoning compliance reports, and franchise or development agreements depending on the property and intended use. Contracts typically involve more complex financing provisions, tenant arrangements, and longer due diligence periods. Including tailored covenants and more detailed indemnities helps allocate risks among parties and aligns incentives for project completion. Because commercial deals frequently involve multiple stakeholders, clearer coordination of deadlines and responsibilities is essential. Drafting addenda, obtaining appropriate surveys and environmental reports, and aligning lender conditions with contract terms reduce the likelihood of delay and make enforcement of obligations more predictable.

A title commitment outlines the conditions under which a title company will issue insurance and lists exceptions or encumbrances affecting the property. It is a critical document for contract review because it highlights liens, easements, and other issues that may need resolution before closing. Contracts should address who is responsible for curing title problems and set timelines for necessary actions or compensations. Understanding the title commitment early enables parties to negotiate price adjustments, closing credits, or seller obligations to clear defects. If items cannot be resolved, the contract can provide remedies or permit termination, helping prevent surprise and preserving the parties’ respective interests during closing.

If a contingency is not met by its deadline, the contract’s terms typically specify the available remedies, which may include an automatic termination right, an extension period, or requirements for notice and cure. The exact outcome depends on the contract language and whether the parties agree to modify deadlines. Clear contractual provisions about notice and cure periods can prevent disputes and provide a path for resolving timing issues without abrupt termination. When deadlines are missed, prompt communication and written amendment of the contract can often preserve the transaction, provided the opposing party agrees. If no agreement is reached, the non-breaching party may pursue the remedies spelled out in the contract, which could include retaining earnest money or seeking damages in appropriate circumstances.

To speed up the contract review process, provide all relevant documents up front, including prior drafts, disclosures, title information, and surveys. Clear communication about priorities and non-negotiable items allows reviewers to focus on key risks and produce targeted revisions quickly. Timely responses to requests for information also reduce delays during negotiation and drafting rounds. Using standard market forms where appropriate and limiting the scope of review to the highest-priority items can also shorten turnaround time. If more comprehensive review is needed, setting clear expectations about timelines and the level of detail required helps the parties coordinate effectively toward a timely closing.

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