OFFER CHECKLIST FOR REO PROPERTIES:

Transcription

1 OFFER CHECKLIST FOR REO PROPERTIES: These items below filled out in ENTIRETY will constitute a complete offer package: Offer package must be 5MB or less in size. Please scan entire contract package black and white, no more than 300x300 dpi before submitting to list agent. Offer Submission Form State Purchase Agreement Bank Purchase Addendum (if applicable) Copy of Earnest check (10% down for cash offers) Earnest Money Receipt Proof of Funds (if cash offer and must be recent proof/30 days or less please) Lender pre-approval letter Bank Lead Based Paint form (if applicable) State contract Lead Based Paint Waiver of Seller s Disclosure Requirements/Hold Harmless Agreement Sellers Disclosure Alternatives Property Condition Acknowledgement Form (signed by all parties) Owner occupant First Look Form (owner occ only/fannie Mae) LLC docs showing authorized signer name if purchasing as LLC (investor only) City Acknowledgement of Responsibility form (if applicable) Buyer initialed city inspection report (in applicable cities) Inspection Contingency Addendum (if applicable) CIC Addendum (if applicable) Financing Addendum (if applicable) CC Discount Points Addendum (if applicable) Arbitration Disclosure Well Disclosure (If applicable) Septic Disclosure (if applicable) Final Utilities and HOA Transfer Agreement

2 **REQUIRED OFFER SUBMISSION SHEET TO ACCOMPANY ALL OFFERS** CASH OFFERS REQUIRE 10% DOWN IN EARNEST FUNDS Date Property Address City State Zip Offer Amount Earnest Money Financing Type (circle one!!) CASH / CONV / FHA / FHA 203K / VA / OTHER (explain) Are Public Funds being used? yes no If so, what program? Is Recent Proof of funds/pre-qualification letter included? Circle Y or N Closing Date_ Closing Costs_ Other expenses/costs being requested of Seller_ BUYER INFORMATION (ALL INFO MUST BE PROVIDED) PLEASE WRITE AND HAVE BUYER SIGN ALL CONTRACT DOCUMENTS WITH NAMES AS THEY WOULD READ ON TITLE/HUD-INCLUDE MIDDLE INITIAL IF TAKING TITLE USING IT. Is Buyer (check one) Owner Occupant _ Investor Buyer name /take title as_ Using Middle initial? Buyer name/ take title as_ Using Middle initial? Phone # Address City State Zip SELLING AGENT INFO (ALL INFO MUST BE PROVIDED) Agent Name NRDS ID Brokerage Name Broker ID Mailing Address: City State Zip_ Office Phone_ Fax Cell Phone LENDER/LOAN OFFICER INFORMATION (ALL INFO MUST BE PROVIDED) Bank Name Lender contact_ Address City State Zip Phone# Fax#

3 ACKOWLEDGEMENT REGARDING CONDITION OF PROPERTY AND DISCLAIMER Property Address: Seller: Seller s Broker: OWNER OF RECORD REMAX ADVANTAGE PLUS Buyer(s): Buyer s Broker: Buyer and Buyer s Broker are aware that Seller has acquired the Property by way of foreclosure, deed in lieu or some other legal action. Buyer and Buyer s Broker acknowledge and agree as follows: 1. Buyer is a prospective buyer of the Property and Buyer s Broker is a Minnesota licensed real estate broker who is representing Buyer with regard to Buyer s possible purchase of the Property. 2. Buyer and buyer s broker understand and acknowledge that all applicable disclosures are provided to the Seller by Sellers broker, but that the Seller may not comply with Minnesota laws regarding property disclosure. Buyer(s) and buyer s broker also understand that seller s broker has made the Seller aware of their disclosure obligations under Minnesota law. 3. Seller and Seller s Broker have not occupied the Property and have only limited information available to them regarding the Property and the condition of the Property. The Property is being sold in its As Is Where Is condition. Any inspections or certifications required prior to sale, and necessary to transfer title; including but not limited to well, septic, city, county, state, and the like, applicable to the Property, have been or will be made available to the Buyer for the Buyers review unless otherwise agreed to in writing. Any required inspections that may have been performed on Sellers behalf, and made available to the Buyer, shall not be construed as definitive with regards to the properties condition. It is the sole responsibility of the Buyer to satisfy themselves as to the condition of the property and its livability through additional methods should they choose to do so with their own professionals at Buyers sole cost and expense. Buyer and Buyers Broker understand and agree that any known material facts pertaining to the above property required to be disclosed have been disclosed. Listing broker and/or listing agent have no authority to make assurances, representations, warranties, promises or commitments on behalf of any Seller. 4. Buyer and Buyer s Broker accept responsibility for researching and verifying assessments and or charges; either pending or levied, that may impact the Property. Unless otherwise agreed to in writing between Buyer and Seller, Buyer shall assume responsibility for any and all assessments or charges; levied or pending, that may impact the property. Assessments or charges are not exclusive to government agencies and may exist as a result of an HOA or other management company. Every attempt is made by the Seller and seller s broker to collect this data, but the efforts of the Seller and their broker should not be considered conclusive. 5. Winterization efforts: Depending on the time of year, winterization may have been performed on the Property. If dewinterization is required, the Seller s Broker will often, but not always, coordinate that effort to be completed. Buyer and buyer s broker understand that if the Seller chooses not to de-winterize a property, the Buyer is responsible for all costs associated with the de-winterization, all efforts are to be coordinated with Sellers broker and re-winterization may be required of the Buyer at their sole cost as well. If de-winterization is not practical or could potentially cause property damage, no de-winterization will be performed. Following de-winterization, water may have only been restored up to the actual water meter and not beyond. Buyer and Buyers broker shall be responsible for activating valves at water meter to introduce water beyond the water meter into the properties plumbing system for any and all requests by appraisers, inspectors or other professionals or people engaged by Buyer or Buyers Broker working on Buyer s behalf that are unable or unwilling to do so for whatever reason. Buyers Broker shall be present for activation/deactivate water requests. Buyers shall not be granted property access to perform any service activations or visits unless Buyers Broker is present. If the property is serviced by a well, the Buyer and Buyers agent are responsible for activating the electrical breaker or outlet that services the well pump and turning said breaker OFF or unplugging service when work effort is complete. Buyer and Buyers agent accept full responsibility for any and all property damage that may result from their

4 actions and or negligence with regards to water supply; including but not limited to turning the water or electricity OFF again once any work effort requiring that it be turned on is complete. 6. While Seller and Seller s Broker have taken reasonable action to provide a safe and secure environment for the purposes of marketing and showing the Property to buyers, there may be safety issues of which Seller and Seller s broker are not aware or which they have been unable to identify. 7. Seller and Seller s Broker assume limited, as noted herein, responsiibility to provide for the safety of anyone viewing or inspecting the Property and the habitability of the Property for themselves or any invitee, permitee or anyone else they permit to enter the Property at any time. 8. Buyer and Buyer s Broker assume all responsibility to provide for the safety of anyone viewing or inspecting the Property and the habitability of the Property for themselves or any invitee, permitee or anyone else they permit to enter the Property at any time. 9. Buyer and Buyer s Broker have been given a reasonable opportunity to show, inspect and investigate the property and all improvements thereon. In showing, inspecting, investigating and/or purchasing the Property, neither Buyer nor Buyer s Broker is relying on Seller, Seller s Broker or their agents or representatives as to the condition or safety of the Property and/or the improvements thereon or systems therein, including but not limited to: all window coverings, floor coverings, electrical, plumbing, heating, sewage, septic, roof, air conditioning, if any, foundations, soils and geology, presence of soil and/or water contamination of any kind, lot size, or suitability of the Property and/or its improvements for any particular purposes, lead content of the paint or wall coverings, condition or operation of appliances, plumbing and/or utilities, or the property s compliance with city, county, state and/or federal statutes, codes or ordinances. 10. Buyer, Buyer s Broker, and their agents, employees, representatives, successors and assigns (Collectively, the Releasing Parties ), hereby release Seller, Seller s Broker, and their agents, employees, representatives, successors, and assigns (collectively, the Released Parties ), from any and all loss, liability, damage, expense or claim whatsoever which may be incurred by or asserted against any of the Releasing Parties, directly or indirectly resulting from the Property or any condition on the Property, including without limitation, any loss, liability, damage, expense or claim whatsoever arising out of or resulting from, from the actions or non actions or the Released Parties with regard to the condition of the Property or their efforts to make the Property safe and secure. Buyer Dated: Buyer Dated: Buyer s Broker Dated: Buyer s Brokerage Name Rev

5 FINAL UTILITIES AND HOA TRANSFER AGREEMENT PROPERTY ADDRESS: BUYER(S): CLOSING DATE: Buyer agrees to have all utility services which may include: water, sewer, electric, gas and Home Owners Association dues transferred into their name effective the first day after closing. It is buyer s sole responsibility to research utility information and to make arrangements for transfer of all utilities and homeowners associations into the buyer s name immediately following the closing. Buyer also agrees to accept sole responsibility for paying any utility charges that occur after the date of closing. This agreement will serve as notice to any utility providers that services shall be terminated in Sellers/Listing Broker s name effective the day after closing. In the event buyer fails to comply, any reconnect, service fees and/or charges applied by service/utility provider(s) shall be sole responsibility of buyer.

6 WAIVER OF SELLER S DISCLOSURE REQUIREMENTS FOR RESIDENTIAL REAL PROPERTY AND HOLD HARMLESS AGREEMENT ( Waiver and Hold Harmless Agreement ) Seller: Owner of Record Buyer: Property Address (The Property ) Date: Buyer desires to purchase the Property from Seller, pursuant to a purchase and sale agreement (the Agreement ) to be entered into between Seller and Buyer. Effective on January 1, 2003, Minnesota law requires that the Seller either provide the prospective buyer of single-family residential real property with a written disclosure of all material facts pertaining to adverse physical conditions in the Property or which the Seller is aware of, or provide a report concerning the physical condition of the Property prepared by a qualified third party. The law also permits the Seller and the Buyer to waive those disclosure provisions. Buyer (whether one or more) and Seller herby waive, in their entirely to the full extend permitted by law, the written disclosure provisions set forth in sections to of the Minnesota Statutes Annotated, pursuant to the provisions of section of the Minnesota Statutes Annotated concerning the above described Property. Buyer acknowledges that Buyer has been given an ample opportunity to seek the advice of Buyer s own chosen legal counsel concerning the agreement, the Property and this Waiver and Hold Harmless Agreement. Not with standing anything to the contrary in the Agreement, Buyer hereby specifically holds Seller harmless form any claim or claims made by Buyer, Buyer s successors, assigns, heirs, insurers, agents or any other person or entity, as to any matter involving the disclosure set forth I sections to or claims made against Seller, at any time, concerning the disclosures set forth in sections to of the Minnesota Statutes Annotated concerning the Property made by Buyer, Buyer s successors, assigns, heirs, insurers, agents or any other person or entity. The parties herein agree that except as otherwise provided herein, the Agreement provisions shall be in full force and effect. This Waiver and Hold Harmless Agreement shall be binding and inure to the benefit of the Buyer and Seller and their heirs, successors, assigns, agents, employees and officers and shall survive the closing of the sale of the Property pursuant to the Agreement. Buyer: Seller: By: Its: