NVAR Forms Changes: Effective January 1st 2026

 

 

 

 

 

The NVAR Board of Directors has approved the below new forms and forms changes, as proposed by the
NVAR Standard Forms Committee. The changes will be effective January 1, 2026, and will introduce the
New form K1440 – Sale of Property Subject to Lease Addendum and reintroduce previously retired form K1331- Notice Removing Financing Contingency

1. K1321 – RESIDENTIAL SALES CONTRACT
a. Updated last sentence in Property Maintenance & Condition paragraph to state Buyer will
conduct final walkthrough(s) within seven (7) days prior to Settlement or occupancy,
whichever occurs first. This is to take Pre-Settlement Occupancy situations in to account.
b. Added clarification in Definitions paragraph that Ratification can occur anytime between
12:00am-11:59pm on the delivery date and defined the documents “Notice Voiding
Contract” and “Notice Removing Financing Contingency”
c. Removed Extension of HOA/Condo Review Period document and added Sale of Property
Subject to Lease addendum to ADDITIONS paragraph. HOA/Condo Review period is now
negotiable at offer and the extension would only be used after ratification.
d. PRACTICE TIP: The day a document is delivered is always “Day 0”, no matter what time of
day. Day 1 would be the day after delivery.
2. K1359 – CONVENTIONAL FINANCING CONTINGENCY, K1339 – VA FINANCING
CONTINGENCY, K1340 FHA FINANCING CONTINGENCY, K1372 – USDA FINANCING
CONTINGENCY
a. Added language that buyer must deliver Notice Voiding Contract with denial letter
b. Added language that buyer must deliver Notice Removing Financing Contingency with either
Commitment Letter or evidence of funds available to close without financing in order to
remove financing contingency.
3. K1331 – NOTICE REMOVING FINANCING CONTINGENCY
a. Added form back to forms library with language consistent with updates above to Financing
Contingencies
4. K1406 – SALE OF PROPERTY SUBJECT TO LEASE ADDENDUM (NEW FORM)
a. This new form is to be used when a current lease is in place and the buyer will take over as
landlord at settlement
b. PRACTICE TIP: Buyer should obtain copy of lease and other relevant documents prior to
offer
5. K1034- LEAD BASED PAINT DISCLOSURE – SALE, K1035 LEAD BASED PAINT
DISCLOSURE – RENTAL
a. Added option in section C for purchaser to acknowledge the seller has no information,
knowledge, reports or records pertaining to lead-based paint and/or lead-based paint
hazards in home. Language is consistent with existing options for Sellers Disclosures
b. Updated “Selling” Sales associate to “Buyer’s” Sales associate in initial and signature lines
January 1, 2026 Standard Forms Updates
6. K1385 – OPTIONAL LISTING INFORMATION SHEET
a. Added where to send offer, updated delivery section to be consistent with contract and
shortened words “Condominium” and “Cooperative” to “Condo” & Co-Op”
7. K1338 – EXCLUSIVE RIGHT TO REPRESENT BUYER AGREEMENT
a. Paragraph 8A – removed blank line in options for compensation type and added back “__%
of gross sales price + $______ “ option. This is a reversion back to the 2024 version and
is consistent with NAR Settlement guidance on compensation
b. PRACTICE TIP: In the event you have a situation where compensation cannot be
documented with options provided, check with your Broker for correct language and
document on the Brokerage Representation Agreement Addendum – K0004
c. PRACTICE TIP: If you or your brokerage charges a fee in addition to the compensation (ex.
Transaction fee), that is documented in the BROKER SERVICE FEE section, not paragraph
8A
8. ADMINISTRATIVE CHANGES
a. K1225 – BUYER PRESETTLEMENT OCCUPANCY ADDENDUM – changed “ walk-through
inspection” to “final walkthrough” for consistency with July 1 2025 forms changes
b. K1343 – INSPECTION CONTINGENCY REMOVAL ADDENDUM – removed the word
“inspection” from paragraph 2