VA Lenders Handbook (VA Pamphlet 26-7), Chapter 9, Topic 2 — Escape Clause and Notice of Value (NOV)

va-m26-7-ch09-t02

VA Lenders Handbook (VA Pamphlet 26-7), Chapter 9, Topic 2 — Escape Clause and Notice of Value (NOV).

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Verbatim regulatory text (1)

Verbatim provisions from VA Lenders Handbook (VA Pamphlet 26-7), Chapter 9, Topic 2 — Escape Clause and Notice of Value (NOV) — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.

VA Pamphlet 26-7, Chapter 9 (Legal Instruments, Liens, Escrows, and), Topic 2 — Escape Clause and Notice of Value (NOV)

Effective 2019-07-30 · VA Change Date for this topic

• This chapter has been revised in its entirety. a. Sales Contract The Escape Clause must be contained in the sales contract for all VAguaranteed loans. The lender is responsible for ensuring that the paragraph is in the sales contract prior to closing. In the event the clause is not in the sales contract, VA may not guaranty the loan. b. Builders and Realtors The builders/realtors that initiate contracts on new construction must ensure that the Escape Clause is in the contract and the contract is signed by the Veteran and seller. c. Upgrades Upgrades are not considered earnest money and the builder is not required to refund this money. When the NOV is below the sales contract price, this clause protects the Veteran with negotiation of the sales contract. d. Escape Clause If the sales contract was signed by the Veteran prior to receipt of the NOV, the contract must include, or be amended to include, the clause below. “It is expressly agreed that, notwithstanding any other provisions of this contract, the purchaser shall not incur any penalty by forfeiture of earnest money or otherwise or be obligated to complete the purchase of the property described herein, if the contract purchase price or cost exceeds the reasonable value of the property established by the Department of Veterans Affairs. The purchaser shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs (38 U.S.C. 501, 3703(c)(1)).” This clause may be found at 38 C.F.R. 36.4303(k)(4) in its entirety.

Source: VA Pamphlet 26-7, Chapter 9 (Legal Instruments, Liens, Escrows, and), Topic 2 — Escape Clause and Notice of Value (NOV) · source URL · snapshot 23782f6842a5daf5

Operationalizing VA Lenders Handbook (VA Pamphlet 26-7), Chapter 9, Topic 2 — Escape Clause and Notice of Value (NOV)

This is verbatim, source-snapshotted regulator text from the Claude for Compliance open corpus. To turn a rule like this into compliance work product: gap-analyze your policies and procedures (P&Ps) against these requirements to surface stale, conflicting, or missing provisions; operationalize any change with a ready-to-run update kit; and produce audit-ready evidence — every step grounded only in the regulator’s own words, never invented.

To work from the whole rulebook rather than this one page: download the corpus — every register on this site, verbatim, each with its source snapshot and effective date — then follow the methodology. It asks your assistant to answer only from the downloaded text, cite the register id and effective date it used, and tell you when the corpus does not cover something instead of filling the gap from memory. Running it locally also means no one sees which regulations you are looking at.

Source of record: https://claudeforcompliance.com/regs/va-m26-7-ch09-t02/ · register va-m26-7-ch09-t02 · Claude for Compliance. Free to read and download; see regulatory updates and methodology.