Buyer & Buyer Agent Short Sale Disclosure

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Maud French
5 years ago
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1 & Agent Short Sale Disclosure This is not a contract. It is a disclosure and acknowledgement. It is important that all parties understand the intricacies of the short sale process, and that all parties are aware of the procedures, policies and preferences. We ask that you take some time to review the following statements which will serve as our Rules of Engagement. If any principal or primary party does not agree to comply with these rules and/or guidelines, it is necessary to address any concern with the Listing Agent. Otherwise, it will be assumed that all parties are in mutual agreement. Property Address: 130 Spencers Gate Dr, Youngsville, NC The Seller may be in default of his/her/their mortgage. Foreclosure proceedings may have begun by the mortgagee (Lender). 2. understands that he is submitting a Short Sale offer on the Property, and therefore understands that his offer must receive written notice by an authorized Third Party for acceptance. Mere acceptance by the Seller does not constitute a fully executed contract. 3. All offers must include the standard Short Sale Addendum (form 2A14-T) and other attached addendums. 4. It is understood that the listed price, advertised by the Listing Agent, may not necessarily be the amount that the lender will accept. Unless noted otherwise, there is no guarantee that any offer will be approved if it is more or less than the listed price. 5. This is a pre-approved short sale - final 3 rd party approval may take between 30 days to 90 days. Offers will not be accepted with expiration dates or rush approval requests. If the buyer is not able nor willing to wait for a minimum of 30 days, we suggest an offer not be made. Please do not pressure the Seller or Listing Agent for quick approval. This will NOT happen. All offers will receive equal consideration by the Seller, and all parties will be promptly notified of status updates and important milestones during the entire process. 6. A list price range HAS been dictated and approved by the lender. We understand what the lender is looking for in terms of an offer. This means that approval will take less time, and there will be much more certainty in the short sale process. 7. The Listing Agent will notify all interested parties via of status updates on a regular basis (usually every 2 weeks). There is no need to continually check-in with the Listing Agent. Rest assured, you will be notified when there is something important to know. Excessive nagging requests for updates outside of reasonable practice may be ignored. 8. The earnest money deposit requested by the Seller is $ , which must be deposited in Trust by the Listing Agent within 48 hours of contract acceptance. 9. Please submit proof of funds, or an address and amount-specific pre-qualification letter with your offer. The Seller may not consider any offer without the requested documentation. 10. The Seller requests that no offers with Home Warranties be submitted. Additionally, if your offer contains seller-paid closing costs, please be prepared in case the approving 3 rd Party denies any request for closing cost assistance. Seller concessions are seldom accepted by an approving third party, and in the cases that they are, rarely do they exceed 1%-3%. Please keep the offer clean. 11. The acknowledges that final settlement will take place at the Seller s attorney with no exceptions. may elect to have their own attorney prepare their own documents, but final closing will be with a Firm already familiar with the subject file and the short sale process. 12. The and Agent acknowledge that the timeframes for inspections and financing contingencies shall be measured from the date of contract acceptance by and Seller, not from acceptance by a 3 rd party. However, timeframes for appraisals may be from 3 rd Party approval. 13. An independent home inspection is highly recommended. If the chooses to perform an inspection, it MUST be completed within 21 days of contract. Please understand that this is not within 21 days of 3 rd party approval. We are treating this sale just like any normal sale. Therefore, why wait 90+ days only to find out something that you should have known within 21 days? 14. Utilities may or may not be on or available at the subject property. Please inquire with the Listing Agent for availability. If utilities are not currently active, it will be the s responsibility to activate utilities in their own name for a 72-hour time frame. All utility deposits and fees associated with the inspection activation and deactivation will be the responsibility of the and/or their Agent. 15. acknowledges that they may only be given 15 days to close the transaction after final 3 rd party approval. This is why all necessary due diligence on behalf of the buyer MUST be performed within normal parameters as set forth in the contract. 16. The acknowledges that the subject property will be conveyed in as-is condition. No repairs will be made by the Seller or a 3 rd party. It is also understood that the 3 rd Party will not likely renegotiate a contract after submittal due to inspection issues.

2 17. According to NC law, a Seller may only accept one offer and make it into a primary contract. Therefore, we will only take one offer which will be forwarded to the 3 rd party for approval, at a time. We HIGHLY encourage additional offers, which will be held in backup position. If for some reason, the primary offer is terminated, the next backup offer will automatically revert to first position. This is the only way to do this properly in the state of NC. 18. All offers, received at any and all times, WILL be presented to the Seller. 19. The MLS status of the listing will change to Contingent when a primary offer is accepted by the Seller and forwarded to a 3 rd Party. 20. We highly encourage multiple/backup offers due to the volatility of short sale s. Please do not feel that if you are not the primary offer, that you do not have a chance. It is not uncommon for the first 5 buyers to fall by the wayside before final lender approval 21. Due to the condition of the property, acknowledges that only renovation financing (FHA 203k) or cash will be accepted. 22. The agent acknowledges that any cooperative compensation fee advertised on the MLS is subject to 3 rd Party approval. However, it is the Listing Agent s intention to offer this amount. This cooperative fee may be re-negotiated by a 3 rd party (lender) and Agent and his/her Firm accept that the final compensation due at closing may be less than advertised on the MLS. If the compensation is reduced by a 3 rd party, Agent and Firm agree to an equitable split of the approved amount, with no further compensation due from the Listing Agent or Firm. 23. Exceptions as noted: Agent Firm Agent

5 MLS FEATURES, SCHOOLS & SQUARE FOOTAGE DISCLOSURE TO BUYER The schools, details, features, measurements and square footage in this home were researched, listed or measured and calculated by the listing agent, a licensed real estate professional. That agent or the listing company entered it into TMLS system. As per MLS printout, this information is deemed reliable but not guaranteed. If the schools, details, features or square footage of this home are important to you as a purchaser, we recommend you obtain the services of an appraiser or other professional to confirm the schools, features, square footage and measurements.

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