KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...

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KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...
KCRAR
2021 Resale Contracts
    Instructor – RENEE RYAN, CRS, CSP, CRB
         RENEER@REECENICHOLS.COM
KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...
2021 Resale
Contracts, Timelines,
  Loopholes, and
  Common Issues
This is not a “how to fill out the form” but
  what the forms are intended to cover,
  changes and things to watch out for to
 keep your clients under contract with no
                   loss.

                                               2
KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...
I AM A FORMS JUNKIE BUT NOT AN ATTORNEY!

I am here to assist with “Implied Terms of the Contract”.
YOUR BROKER IS YOUR SUPERVISOR!

KCRAR Forms Committee - ATTORNEYS, INSURANCE, LENDERS,
TITLE AND INSPECTORS WERE ALL CONSULTED
The committee meets monthly!

                                                            3
KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...
2021 FORMS CHANGES

          Copyright date on all residential forms have been updated to “2021”.

Additional Disclosures Including Those Mandated by State or Federal Law

       Paragraph 3; updated the URL for the Kansas Offender search.
       Reformatted from 3 pages to 2 pages.

Buyer’s Estimated Expense Worksheet

       Removed “AT CLOSING” at the end of line 44 to eliminate confusion.

Contingency for the Sale and Closing Addendum

       This form has been significantly revised and is essentially a new form.
       Please review the form in its entirety.
KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...
CONTINGENCY
FOR SALE
KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...
CONTINGENCY FOR SALE
KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...
CONTINGENCY FOR SALE
KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...
2021 FORMS CHANGES

Counter Offer Addendum
       Paragraph 1; removed the list of preprinted addenda and added instructional text
       with check boxes and blanks to add addenda or remove addenda in the Counter
       Offer.
       Paragraph 2; in the Earnest Money section, added a checkbox for Electronic
       Funds Transfer and reformatted this section. The same changes were repeated in
       the Additional Earnest Money section immediately below.
Exclusive Agency Listing Agreement
       Line 2, added “Indicate Marital Status” for Seller and reformatted blanks in the first
       9 lines of the form.
       Paragraph 2g, removed “by a smart phone or computer” from the statement
       where Seller is to provide codes and passwords for all electronic systems or
       components.
KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...
2021 FORMS CHANGES

Exclusive Agency Listing Agreement

         Line 2, added “Indicate Marital Status” for Seller and reformatted blanks in the first 9 lines of the
         form.

         Paragraph 2g, removed “by a smart phone or computer” from the statement where Seller is to provide
         codes and passwords for all electronic systems or components.

Exclusive Buyer Agency Contract

         After “BUYER” at top of the form added “Indicate Marital Status”.
         Paragraph 6; updated the URL for the Kansas Offender search.

         Minor capitalization, spacing and punctuation changes made in various areas of the form.

Exclusive Right to Sell Contract

         Line 2, added “Indicate Marital Status” for Seller and reformatted blanks in the first 9 lines of the form.

         Paragraph 2h, removed “by a smart phone or computer” from the statement where Seller is to provide
         codes and passwords for all electronic systems or components.
KCRAR 2021 Resale Contracts - Instructor - RENEE RYAN, CRS, CSP, CRB - Kansas City Regional ...
Exclusive Right to Sell – Transaction Broker

                     Line 2, added “Indicate Marital Status” for Seller and
                     reformatted blanks in the first 9 lines of the form.

                     Paragraph 2h, removed “by a smart phone or computer”
                     from the statement where Seller is to provide codes and
                     passwords for all electronic systems or components.

             Kick-Out Notice/Notice of Backup Contract

                     This form had significant changes and reworked to be
                     compatible with the updated Contingency for Sale and/or
                     Closing Addendum.
2021 FORMS   Kick-Out Notice Response

CHANGES              This form had significant changes and reworked to be
                     compatible with the updated Contingency for Sale and/or
                     Closing Addendum.

             Non-Exclusive Buyer Agency Contract

                     After “BUYER” at top of the form on line 2, added “Indicate
                     Marital Status”
                     Paragraph 6, “home” and “homes” replaced with “property”
                     and “properties”
                     Minor capitalization, spacing and punctuation changes
                     made in various areas of the form.
Private Office Exclusive Listing Contract
                   Line 2, added “Indicate Marital Status”
                   for Seller and reformatted blanks in the
                   first 9 lines of the form.
                   Paragraph 2f, removed “by a smart
                   phone or computer” from the
                   statement where Seller is to provide
                   codes and passwords for all
2021 FORMS         electronic systems or components.

CHANGES      Real Estate Contract - Land
                   Paragraph 6; in the Earnest Money
                   section, added a checkbox for
                   Electronic Funds Transfer and
                   reformatted this section. The same
                   changes were repeated in the Additional
                   Earnest Money section immediately
                   below.
Real Estate Sale Contract - Residential

                Paragraph 1; In the list of preprinted items, reworded
                “Attached and all bathroom mirrors” be to “Bathroom vanity
                mirrors, attached or hung” and reordered the items on the
                preprinted list.
                Paragraph 1a, removed “by a smart phone or computer”
                from the statement where Seller is to provide codes and
                passwords for all electronic systems or components upon
                closing.

                Paragraph 4; in the Earnest Money section, added a
                checkbox for Electronic Funds Transfer and reformatted this
2021 FORMS      section. The same changes were repeated in the Additional
                Earnest Money section immediately below.
CHANGES         Paragraph 8d; removed the “/” in the blank so now the blank
                is one long field for either one lender name or two, if a
                second mortgage involved.

                Inspections Paragraph 13-line 467; inserted the following
                text: “If the Property is governed by a homeowner’s
                Association, it is recommended that BUYER determine the
                HOA funds on hand for expenditures and funds allotted for
                specific projects.”

                Line 860; changed field label “Selling Licensee’s Phone #”
                to “Selling Licensee’s Contact #”
Real Estate Sale Contract – New Homes
                Paragraph 14; added the following text: “For Missouri
                properties only: Under Missouri law, in the event BUYER is
                offered and accepts in this Contract an express warranty by
                SELLER or through a third party warranty company paid for
                by SELLER, BUYER understands: THIS CONTRACT,
                MERCHANDISE AND PROPERTY CONVEYED UNDER
                THIS CONTRACT AND THE TRANSACTION BETWEEN
                THE SELLER AND BUYER IS EXCLUDED FROM
                COVERAGE UNDER THE MERCHANDISING
                PRACTICES ACT, SECTIONS 407.010 TO 407.130,
                REVISED STATUTES OF MISSOURI.”
2021 FORMS      Paragraph 16; in the Earnest Money section, added a
                checkbox for Electronic Funds Transfer and reformatted this
CHANGES         section. The same changes were repeated in the Additional
                Earnest Money section immediately below.
                Paragraph 20, After the checkbox for Cash Sale replaced
                the text to match that of the Residential Sale Contract:
                “BUYER must provide written verification of funds within
                ____ calendar days (five (5) days if left blank), after the
                Effective Date, which are sufficient to complete the Closing
                on this Contract.”
                Paragraph 20d; removed the “/” in the blank so now the
                blank is one long field for either one lender name or two, if a
                second mortgage involved.
Seller’s Disclosure Addendum – Residential
                On line 1 after “SELLER” added “(Indicate Marital Status)”
                Paragraph 8; added new question with yes and no checkboxes:
                “Any problems with windows or exterior doors?
                Paragraph 8h; added a “NA” checkbox.
                Paragraph 10e; added “Number of Tanks” with a blank after
                Septic System option.
                Seller's Disclosure Paragraph 19; statement refers to the
                Residential Real Estate Sale Contract Paragraph 1a and 1b. In
                2020 a new paragraph 1a was added to the Contract, so the
2021 FORMS      reference in the Seller's Disclosure was revised to the Contract
                Paragraphs 1b and 1c.

CHANGES         Paragraph 19; In the list of preprinted items, reworded
                “Attached and all bathroom mirrors” to be “Bathroom vanity
                mirrors, attached or hung” and reordered the items on the
                preprinted list.
                Paragraph 19; In Fireplace section added a blank line after each
                of the two “Other”.
                Paragraph 19; Added words “Swing set” in front of Playset
                Paragraph 19; Added “Boat Dock” along with a space for dock
                ID Number.
                Paragraph 19; Added “Camera-Surveillance Equipment” and
                “Generator” to list
Seller’s Disclosure Addendum for Condos

                On line 1 after “SELLER” added “(Indicate Marital Status)”
                Paragraph 7; Added new question with yes and no
                checkboxes: “Any problems with windows or exterior doors?

                Paragraph 8h; added a “NA” checkbox.

                Paragraph 19; In the list of preprinted items, reworded
                “Attached and all bathroom mirrors” be to “Bathroom vanity
                mirrors, attached or hung” and reordered the items on the
2021 FORMS      preprinted list.

CHANGES         Paragraph 19-line 313; changed “(except h)” to “(except i)”.

                Seller's Disclosure Paragraph 22: Statement refers to the
                Residential Real Estate Sale Contract Paragraph 1a and
                1b. However, in 2020 a new Paragraph 1a was added to
                the Contract, so the reference in the Seller's Disclosure
                revised to Contract Paragraphs 1b and 1c.

                Line 417; changed “salespeople” to “Licensees”.

                Minor capitalization, spacing and punctuation changes
                made in various areas of the form.
Seller’s Disclosure Addendum for Land

               On line 1 after “SELLER” added
               “(Indicate Marital Status)”

               Minor capitalization, spacing and
               punctuation changes made in various
2021 FORMS     areas of the form.
CHANGES
             Seller’s Estimated Proceeds
             Worksheet

               Line 36; Removed “his” where it is used
               twice in this sentence.
Review and Explain the Contract

 “This is what you are offering, but just so you
can understand the possible Counter Offer if or
         when it comes in, here is why”.

•   Be knowledgeable
•   Set Expectations
•   Be ready to explain concerns
•   Reduce Fear
                                                   19
Contract is a Timeline

Give your client a visual approach
If you do not have a signed Listing Agreement
STARTING   with a Seller, can you market or try to sell
           their home?

WITH       NO
           It’s the same with Buyers.
AGENCY     You are NOT THEIR AGENT unless you have a
           SIGNED AGENCY AGREEMENT.
EXPLAIN AGENCY from the beginning!
AGENCY DISCLOSURE

• NOW IN WRITING ABOVE AGENCY BOX: BOTH SIDES MUST BE
  FILLED IN PRIOR TO ANY SIGNATURES AT THE BOTTOM.
• You can get the Seller’s Agency in MLS.
• If you are ASSISTING an UNREPRESENTED Customer, then the Agent
  must sign BOTH SIDES.
• Assisting does not imply Agency! (like on the Lead Paint Disclosure)
• You may have more than one box checked-each side!
• If you are the only Agent in the Transaction, YOUR AGENCY MUST
  BE THE SAME ON BOTH SIDES.
• Commission box at bottom, only fill in if your side has it!

                                                                     24
HUNT AND GATHER
Prior to going under contract, gather as much information as
possible!

Review Sellers Disclosure with Buyers for what might be a FLAG to
not getting:
   • Insurance
   • Passing Inspections
   • Loan Approval/Work Requirements

Did you explain TILA/RESPA?

TRID STANDS FOR TILA-RESPA Integrated Disclosure Rule
(replaced the HUD-1)
NAR RECOMMENDS PLANNING FOR 45-60
DAY CLOSINGS
Things to look at before deciding number of days to Closing:
   • how many days for inspections,
   • days to renegotiate,
   • loan commitment (45 days from Effective Date or 5 Days
     prior to closing is default)
   • a “First Right of Refusal” to serve to neighbors, to figure
     for how many days inspections, etc., to be estimated?
   • Is this a Short Sale?
JUST SAY
“NO” TO     • If end of month closing is delayed, the Seller
END OF        may have the expense of another full
              month’s interest if FHA payoff.
MONTH
CLOSINGS!   • Title companies and loan companies can’t
Why?          always adjust if delayed!

                                                           28
INSPECTIONS

When planning the amount of time for Inspections
on the Contract:
• Did Buyers check to see if Inspector could get in at
  that time? IE is it a Holiday?
• Could all Inspections be completed?
• Are all of Sellers items clear for Visual & Physical
  Access to Inspections?
EARNEST MONEY

• How soon will you be able to deliver the Earnest
  Money Check?
• Were enough days written in for Delivery on
  Contract, if not Defaulted at 3 Days?
• Do you have a copy of the Contract to Deliver it
  with Check, if needed?
• If you don’t receive earnest money, do you
               have a contract?

WHAT IF NO   • YES! They would just be in default. Contract
EARNEST        terms say Seller CAN Cancel if not received.
MONEY IS
DELIVERED?   • But if they don’t get E.M.to you, the
               REALTOR could be in violation of
               MREC/KREC rules. Keep a paper trail that
               you tried to get it.

                                                            31
EARNEST MONEY ON SHORT SALES
Are you going to collect Earnest Money on the Contract?

Don’t write in EM if you don’t want to deposit it by the Real Estate Commission
guidelines. Add it to Additional Terms and Conditions to be collected after the written
approval by lender.
The Short Sale Addendum does not imply the EM gets deposited after written approval
of Seller’s Lender, only Buyer can delay Inspections and Appraisals.

It can be written in to be collected later, after written approval.

REMEMBER CONTRACT IS BETWEEN SELLER AND BUYER, NOT LENDER.
• Remember the term, “It takes only one to
            buy, but two to sell”? That is still true!
            Even if spouse is not on title! They must be
            on Contract/Agency!

CHECK     • Pre-Nups are not recognized in Deed
            transfers.
SELLER    • Never assume Marital or Corporate, LLC
MARITAL     status or who signs!

STATUS    • JUST NOT SURE?

          • Ask your closer who must sign the deed.

          • Make sure the contract matches the deed.

                                                           33
• Once the FINAL SIGNATURES OR
             INITIALS ARE COMPLETED, your
             contract will be considered
             effective!
           • This effective date starts the
UNDER        timeline racing!
CONTRACT
           • 10 days for inspections and 5
             days for an offer to renegotiate.
             Should it happen?
           • Do you need a shorter number of
             days if closing in fewer than 45-
             60 days?
SETTING EXPECTATIONS

Sellers must disclose KNOWN material defects! This includes house
flippers too!

• At the time of Contract, Seller confirms information in the Seller’s
 Disclosure is current as of the Effective Date.

• Seller understands that the law requires disclosure of any material
 defects, known to Seller(s) in the property to prospective Buyer(s)
 and that failure to do so may result in civil liability for damages.
EXPLAIN IMPORTANCE OF DOING
INSPECTIONS & TIME NEEDED TO DO THEM

•   Everyone needs to do an inspection because you don’t know
    what you are buying otherwise! Once you close, It’s yours!

•   YOUR LENDER OR WARRANTY WILL NOT COVER PRE-EXISTING
    CONDITIONS!

•   Set the expectation to Seller of time it takes for a whole house
    inspection(s).
No “Lemon Law” or Right
of Refusal after closing on
purchases!
• GET THEM TO SIGN
  ADDITIONAL DISCLOSURE, IF
  POSSIBLE, IF BUYERS DON’T
  WANT TO DO THEM.
• Check out Seller’s Disclosure
  to look for things that may
  delay start time on Contract
  too!
• Use TIMELINE!
REVIEW DISCLOSURE
BEFORE
SUBMITTING OFFERS
WITH CLIENTS
• Insurance Companies can look
  for reasons to deny coverage
  on homes.
• Look for red flags prior to
  submitting offers!
• May save inspection &
  appraisal costs

• HERE ARE A FEW…
ISSUES / RED FLAGS

•   3 layers of shingles ON ROOF
•   Comp over shingles ON
    ROOF
•   NO 20+ YEAR OLD ROOFS
    (unless proof of high value)
•   No tree limbs on roofs
•   No large cracks on driveways
    or walkways
•   Asbestos siding
ISSUES / RED FLAGS
•   FURNACES - if 20+ years old,
    must show regular
    maintenance records & it’s
    “thermostatically
    controlled”

•   Pellet stoves CANNOT be
    only heat source & need
    specific installation rules

•   ELECTRIC - must have a 100
    amp minimum service and
    NO KNOB TUBE wiring
ISSUES / RED FLAGS
•    Disclose previous claims or non-
     disclosure could be fraud,
     especially if payout and no work
     done! (Previous fire)
•    FLOOD AREAS - call the lender
     to check FEMA flood maps
•    Dogs-check city lists, many don’t
     want pit bulls, and I heard of one
     that said if it was less than 50%
     they would be ok, so agent paid
     for dna test ($350) and it
     worked! Dog was 48% pit bull
     and sold them the home!
RECOMMEND GETTING INSURANCE
DURING INSPECTION PERIOD

• Just remember to check with the Insurance Company
  QUICKLY about insurability.
• Insurability is not guaranteed, depending on many factors
  and change all the time.

• 2 of 12 Underwriters had much higher rates if Driving
  Record is bad!
VERBAL OFFERS

• Are they legal?
• Are they enforceable?
• Can text messages & email hold
  up as contract acceptance?
• WHO WILL LOSE? GAIN?

• Just DON’T DO IT!

                                   44
Set the expectation about
               the buying process. Federal
               regulations make people
               much more liable for giving
               someone a loan! And it takes
NOW, Talk to   LONGER!
them about
the Lending    Things NOT to do?
Process        Google “3 Sheets Terry
               Watson”
               or email request to me at
               reneer@reecenichols.com

                                           45
• If TODAY is Effective Date,
HOW TO
              • then TOMORROW IS FIRST DAY
COUNT DAYS
IN CONTRACT   • The Seller does NOT have to give more time!
              • PLAN IN ADVANCE for Buyers Inspection Needs.

                                                               46
DOES OFFER REQUIRE SELLER TO DO
REPAIRS?

The Seller does not have to do repairs!

With the exception of Termite Treatment, all Contracts are AS IS
with NO REQUIREMENTS to repair
unless otherwise negotiated.

                                                                   47
Wood Destroying Insects

• THE SELLER AGREES TO PAY TO
  HAVE THE PROPERTY TREATED
  for control of infestation by wood
  destroying insects if a written
  inspection report of a certified pest
  control firm reveals evidence of
  ACTIVE INFESTATION or PAST
  UNTREATED INFESTATION or
  otherwise recommends treatment.

• This includes main dwelling unit,
  additional structures if added to the
  contract, and a 30 foot radius or
  otherwise required by the FHA/VA
  lender.
AUDIT ISSUES OR FLIP CAUSES…

•   Fill out the information in all blank areas, including coop agent
    information.

•   Earnest Money must be delivered within (3) days if left blank, or
    Seller can Cancel!

•   Allow time for delivery!

•   Get the check to Escrow STARTING WITH EFFECTIVE DATE (not the
    date check was delivered) WITH COPY OF CONTRACT! DELIVERY
    TIME DOES NOT SUBTRACT DEPOSIT REQUIREMENT!
1.   Expiration date is adequate time for all
                  signatures or counter. YOU CANNOT ENFORCE
                  AN EXPIRED CONTRACT.
             2.   Deliver earnest money check by date on
                  contract.
CHECKLIST    3.   Verify title/marital status of sellers.
             4.   Agency/brokerage relationships disclosure -
FOR               correctly filled in prior to signatures - all parties
                  have signed/dated.
SUBMITTING   5.   Initials/dates/signatures provided on lead paint
OFFER             disclosure, if applicable.
             6.   Initials provided on all pages to the contract.
             7.   Verify type of financing and if written loan
                  commitment requirements can be met.
             8.   Sellers disclosure completed, initialed, & signed
                  by all parties. Remove from contract if no
                  disclosure.
LEAD PAINT DISCLOSURE-EPA FORM

• Top section – Seller initials - Do they or don’t they know about Lead
  Paint or have reports?
• Buyer section - Buyer initials - Did they have reports? Did they get
  the form? Are they doing an inspection?
• Back page - ALL SIGNATURES, INCLUDING AGENTS!

If you are selling both sides, sign both sides!
Assisting does not imply agency!
Attached Items listed
on Contract in Seller’s
Disclosure

SET THE EXPECTATION!
Seller must leave attached items
unless otherwise excluded (i.e.
bathroom mirrors, light fixtures,
window blinds, treatments,
mounting components, mounted
TV brackets).
If they want to keep items,
exclude/remove them before
marketing!

                               52
THIS SUPERSEDES SELLER’S DISCLOSURE

                                      53
• If you ask for Personal Property
Don’t          items, it may not be allowed by
Hide           your Lender. Do not “hide” these
               items by taking them off the
Inclusions     Contract and putting them on a
               “side” agreement on a Personal
from           Property Addendum.

Lender!      • This is perceived as FRAUD.

                                              54
• If Seller wants compensation for
              items of value…

            • Buyer and Seller can sign a
              Personal Property Agreement or
HOW TO        Bill of Sale. Buyer will pay Seller
              separately for items and a “real
HANDLE IT     value”, like in a garage sale.

            • NOTE: $10 for a $1500
              lawnmower may mean that buyer
              can only get $10 in damages if
              Seller doesn’t follow through.
Great Liability Reducer!

Limited Home Warranties
CLOSING & POSSESSION

• Closing & Possession Dates should not be
  moved around unless in writing, even if it
  says “on or before” in the contract.

• Seller must maintain the property, remove
  all possessions & debris, and clean the
  property upon giving possession.

                                               57
APPRAISAL VALUE CONTINGENCY
• Just because a Seller agrees to reduce price to
    appraisal value, it doesn’t mean it’s done!
LOAN APPLICATIONS
• You don’t have to be approved to submit an offer but it helps!
    • If you lease/purchase you may not be able to until later.
LOAN APPROVAL-WATCH OUT
LOAN APPRAISAL REQUIREMENTS

•If you don’t have cost added in and you see repairs
 may be required to get the loan, your deal can flip!
UTILITIES AND MAINTENANCE

• Be sure to confirm in writing of the exchange on utility dates!

                                                                    62
PREVIOUS INSPECTION DISCLOSURES

• If the Contract flips due to Inspections, the Seller
    must now DISCLOSE and SHOULD ATTACH the
         inspections to the Seller’s Disclosure.

                                                         63
RENEGOTIATE AFTER INSPECTIONS

•   10 Days from Effective Date to send an Inspection Notice, copy of
    Reports and “Offer to Renegotiate”, if left blank.

•   If closing in less than 45 days, shorten Renegotiation time if left blank

•   If you DO NOT send this document on time, the Buyer is
    acknowledging they are purchasing the home with no repairs.

•   “Cover your Assets” by having them use Inspection Notice!
INSPECTION NOTICE-DELIVER REPORTS
AND RESOLUTION OF UNACCEPTABLES

Unless property is accepted in its present condition, applicable written inspection
reports must accompany this notice!

The next 3 paragraphs:
• Box 1- Accept it As Is (with or without inspections) CYA
• Box 2- Cancellation of Contract by Buyer PRIOR to Expiration of Inspection
  Period. Must attach all reports as well as a Cancellation.
• Box 3- Offer to Renegotiate; Must be done prior to end of Inspection Period;
  Must attach all reports as well as Resolution of Unacceptable. This stops the
  Inspection Period and starts the Renegotiation Period.

                                                                                      65
RENEGOTIATION PERIOD

• 5 Day default time allowing Seller and Buyer to decide what,
  if anything, gets done on Inspection Repairs.

• ON THE 6TH DAY, EITHER PARTY CAN CANCEL THE CONTRACT!
RESOLUTION OF UNACCEPTABLE
CONDITIONS ADDENDUM

•   It ends up here, either by repairs and/or by changes in price and/or
    credits, as permitted by lender.
•   Seller must provide proof of repairs if not being paid out of closing.
•   Buyer may inspect work prior to closing.
•   If Buyer does not receive response from Seller within the Renegotiation
    period, Buyer has the right to send over a new section signed PRIOR TO
    THE END OF THE RESOLUTION accepting the Property in its Current
    Condition.
•   The Seller does not have to sign for it to be Effective.

                                                                              67
PASSING THE RENEGOTIATION PERIOD TIME
• There is a cancellation risk with no possibility of
  remedy BY PASSING THIS TIME.
• It doesn’t mean it has to cancel! Ask for an
  extension of the five days if you think the other
  party is really negotiating.

                                                        68
Inspections, Access, Damage &
Quality of Repairs

• Just because the Buyer is under contract, it does not give them the right
  to keep asking for access.

• “Seller must provide Buyer REASONABLE ACCESS to the Property to
  Conduct the Inspections, re-inspections, inspection of any corrective
  measures completed by seller and or final walk through prior to the
  Closing Date”.

• Buyer is responsible for repairs of damage resulting from inspections –
  Hire insured Inspectors!

                                                                              69
CHECK OUT TAX ASSESSMENTS NOW!

Seller Proceeds or Buyer Qualifying may be high
SIGNATURE SECTION
• You will have the same area for signatures but notice
  checkbox if seller is counter offering.

• Fill in spaces for the brokerage,address, agent phone, office
  number and email.

• Be aware of details!

• Real estate commissions audit for blanks!

                                                                  71
Filled out by the licensee preparing
                              the form!

FORM
CERTIFICATION
                   States you are using the form
                without changing it from the legally
                     accepted copy, other than
                    handwritten or computer-
                        generated changes.
• Last paragraph can be provided by Licensee Assisting
               the Seller, proving that the Offer was Presented and
               Refused by the Seller. The Seller MAY sign, but does
REFUSAL OF     not have to.
OFFER        • The Licensee MUST sign and return if requested by
               Licensee assisting the Buyer.
             • If it was revealed that the agent signed this without
               presenting the offer, there could be serious
               implications to their license!
CONTRACT COMPLIANCE
Importance of processing Canceled files

All files are required to be processed as if
they will close. All of the required
documentation needs to be accessible
when the file is turned in.

This includes Contract, Right to Sell,
Buyer Agency, Business Disclosures, and
all other documents relative to the
transaction.
• This Amendment form is for use in changing the
              terms of an EXISTING CONTRACT.
            • IT IS NOT INTENDED FOR USE AS PART OF AN OFFER
AMENDMENT     OR COUNTER OFFER DURING NEGOTIATIONS”.
            • To help you out, the U.S. Constitution came first, and
              then when they went to change it, they had to
              AMEND.
“This ADDENDUM is an ATTACHMENT to
             an Offer, Counter Offer or Changes &
            Modifications DURING NEGOTIATIONS.

            IT IS NOT INTENDED FOR USE AS AN
ADDENDUM       AMENDMENT TO AN EXISTING
                        CONTRACT.”

            “ADDendum” is when you run out of
              space and need to ADD terms to
               something you are negotiating.

                                                76
IN ITS PRESENT
CONDITION
ADDENDUM
• Termite treatment by
Seller is required if option
1 is selected.
• Language was added to
option 2 clarifying that
BUYER is waiving the right
to renegotiate pursuant to
inspection provisions of
the contract.
• No termite treatment by
Seller is required if options
2 or 3 are selected.
CANCELLATION AND MUTUAL
RELEASE AGREEMENT
MANY MORE…

• Occupancy Prior To Or After
  Closing Addendums
• Contingency Sale/Closing Buyers
  Prop.
• Septic Tank Addendum
• Pet Addendum
• Real Estate Rental Listing
  Agreement
• Land/Condo/Residential Sellers
  Disclosures
• Short Fall/Short Sale Addendum
THANK YOU FOR
ATTENDING!
Knowledge is Power!
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