Closing questions

How long does a condo right of first refusal waiver take?

Condo waiver letters usually issue two to four weeks after a complete application. What actually delays them, and how to keep the closing date intact.

How long does a condo right of first refusal waiver take?

Quick Answer

Most managing agents issue a waiver within two to four weeks of a complete application, and the bylaws usually give the board a fixed response period measured from notice. The delay is rarely the board. It is the application package, the transfer fees and arrears on the unit that hold the letter.

The bylaws set an outer limit. They typically require notice of the contract to the board and give a stated number of days to elect or be deemed to have waived, which means the calendar is knowable from the documents. Counsel should read that clause at contract rather than at the point the closing is being scheduled.

In practice the managing agent controls the pace. The agent wants a completed application, the executed contract, the purchaser’s identification and financial information, proof of insurance, the move-in deposit and its own processing fees. Anything missing simply stops the file, and nobody calls to say so.

Arrears are the second common hold. Where the seller owes common charges, an assessment installment or a late fee, the agent will often decline to issue the waiver until the account is current or a payoff is arranged at closing. Requesting the account status early converts that from a surprise into a closing adjustment.

The consequence of a late waiver is a moved closing date, and on a financed deal that can mean a rate lock extension and a fresh set of lender conditions. Ordering the application the week of contract, and following it with the agent on a schedule, is the cheapest insurance available on a condominium file.

Can a condo closing be scheduled before the waiver arrives?

It can be penciled, but funding usually will not occur without the letter, because the lender and the closer both treat it as a condition. A date set in reliance on a waiver that has not issued tends to move, so the better practice is to confirm the letter is in hand and then fix the date.

Who orders the right of first refusal application?

Usually the purchaser’s counsel, working with the managing agent, though the seller’s side must supply the contract and the account information the agent needs. Buildings publish their own form and fee schedule, and the requirements differ enough that the current package should be requested rather than reused from an earlier file.

What else should you read before closing?

In the glossary

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Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.