Northwest MLS member-brokers and subscribers can now access revised forms, which were published for use on Xpress Forms and Transaction Desk on July 1. The changes, made primarily for clarification purposes, were outlined in the 5-page Legal Bulletin 21 issued in early June.
Classes covering the forms revisions include virtual clock hour classes on July 11, July 13 and July 20 and an in-person clock hour class in Wenatchee on July 6. Members and subscribers can register via the NWMLS education portal.
Northwest MLS recommends recycling old forms to prevent any inadvertent use. Additionally, because House Bill 1070 is not effective until July 23, the revised Rental Agreement (Seller Occupancy After Closing) (Form 65B) should only be used for those owner/renter relationships that are created on or after July 23.
In this post, I will go through all the contingency options as well as accompanying notices and forms every home buyer should be familiar with in order to protect their position in the transaction and understand the financing addendum.
Below I will identify and outline the 9 Paragraphs that govern this form. I will also bring to your attention the sub paragraphs and additional forms and notices that accompany the Financing Addendum!
When financing your home purchase, the home buyer needs to give vital information to the home seller. The Financing Addendum sets forth check box and fill in options so both parties are aware of what is clear and binding.
This paragraph is put in place as a mechanism of communication so the Seller (and Buyer) are kept informed as to the state of the Buyers loan status. There are 2 NWMLS Forms that are used to obtain this:
At The Madrona Group with John L. Scott, we take this very seriously because we know this is a major step in most folks lives. I hope that this helps you understand the financing addendum and if you have any additional queries regarding any of this, please do not hesitate to reach out to us.
The purpose of Form 22A is to outline the terms of the financing that the buyer will use to purchase the property. It may include information about the type of loan being used, the interest rate, the loan amount, and any other relevant details related to the financing of the purchase.
We chose the most efficient computer programmers to design the PDF editor. This application will allow you to fill out the form 22 a file easily and won't take a great deal of your energy. This convenient instruction will allow you to learn how to start.
Step 2: So you are on the document editing page. You may modify and add text to the form, highlight words and phrases, cross or check selected words, include images, put a signature on it, get rid of unneeded areas, or take them out entirely.
Include the essential details in the LOAN INFORMATION, a Sellers Request for Loan, b Buyers Loan Information Notice, c Failure to Provide Loan, SELLERS RIGHT TO TERMINATE, a Right to Terminate Notice At any, and b Termination Notice If Buyer has box.
A pet addendum gives permission to allow the tenant to have pets on the rental property. It requires the tenant will be responsible for their pet(s), requiring that they keep their animals under control, that they do not make an excessive disturbance on the property, and that the pet owner is responsible for any property damage by the pets.
**Note: You may experience a problem seeing some forms in their entirety when using the Chrome browser. If you experience this issue, please try another browser, such as Internet Explorer or Firefox.**
The following forms had administrative and clerical changes, including updating MAR to Maryland REALTORS, MRIS to Bright MLS and Regional Sales Contract to GCAAR Sales Contract. Additionally, the forms were reviewed for clerical corrections such as spelling errors, punctuation and formatting.
The new law requires certain persons holding escrow money (including title companies and attorneys) to have a written agreement with the buyer and seller. The agreement must include the following information: the amount of trust money offered and the date the escrow agent received it; the fact the escrow agent will notify the parties if there is no money backing the check; and the conditions under which the escrow agent may release the money. The law does not apply to real estate companies who already have requirements under law.
GCAAR has made technical and regulatory updates to our forms.
Please ensure that you are using the most accurate version of the below forms as possible with a December 2018 revision date. We have also updated all our checklists, with a revised date of December 2018.
Property Condition Disclosure Paragraph added In both jurisdictions, real estate licensees have statutory obligations and both licensees and Sellers may have additional common law obligations to disclose material facts and defects to prospective Buyers.
Deleted the following information that is redundant and contained elsewhere in the contract forms:
Homeowner Associations, Condominiums, Cooperatives Disclosure Paragraph, collapsed paragraph to one paragraph for MD and DC and removed the sentences regarding the buyers period of review, since they are informed of this on the requisite addenda.
Property Condition Disclosure/Disclaimer Paragraph collapsed the MD and DC paragraphs to one paragraph and removed the information regarding Buyer right to void as it is repeated on the disclosure forms.
Paragraph A in Section 4, "Seller's Representation" was updated as follows:
Seller is presently a member of the Co-operative and the owner of the Proprietary Documents (to include, but not limited to, shares of stock and proprietary lease, perpetual use and equity contract, co-operative ownership contract or other documents hereinafter referred to as the proprietary documents) and has full right and authority to sell, transfer and assign same free and clear of all liens, security interests and encumbrances except as disclosed in this Contract or any signed Additional Provisions Addendum attached hereto.
Paragraph D in Section 5, "Co-Operative Documents and Statements" was added:
A. The Co-operative application for approval along with a list of supporting documents and information as may be required, and submission instructions.
In Part II, Section 2 was updated as follows:
1. Ownership CONTRACTING PARTIES: Paragraph is amended to provide the Proprietary Documents (to include, but not limited to, shares of stock and proprietary lease, co-operative ownership contract or other documents hereinafter referred to as the proprietary documents) are to be executed and delivered in lieu of the Deed.
The property, and everything that conveys with it, will be sold free of liens except for any loans assumed by Buyer. Seller will sign any affidavits, lien waivers and other documents as may be required by the Lender, Settlement Agent, or government authority, and authorizes the Settlement Agent to obtain pay-off or assumption information from any existing lenders. The manner of taking ownership may have significant legal and tax consequences. Buyer is advised to seek the appropriate professional advice concerning the manner of taking ownership. Unless otherwise agreed to in writing, Seller will pay any special assessments and will comply with all orders or notices of violations of any county or local authority, co-operative or actions in any court on account thereof, against or affecting the Co-operative on the Settlement Date. The parties authorize and direct the Settlement Agent to provide a copy of the Closing Disclosure to Seller, Buyer, Listing Company, Selling Company, Co-operative, Relocation Company and/or any third-party payees reflected on the Closing Disclosure.
In addition to conforming changes, the following sentence was added to the "Recognition Agreement" Section in Part II:
The Aztec form of recognition agreement is not approved for Maryland and DC
Co-operatives.
In Part II, Section 6 was updated as follows (with certain other minor grammatical changes):
CO-OPERATIVE APPROVAL AND GOVERNING DOCUMENTS: This Contract is conditioned upon Buyer being approved for membership and occupancy by the Board of Directors of the Co-operative, whether an individual or a Trust. It is the responsibility of Buyer to obtain such approval. Buyer agrees promptly to prepare and to present to the Co-operative an application for approval within 14 days of receipt of Co-operative Documents, with such supporting documents and information as may be required, and Buyer agrees that failure to do so shall give the Seller the right to terminate this Contract in accordance with the paragraph labeled DEFAULT. Buyer understands that approval is solely the decision of Board of Directors of the Co-operative and Buyer agrees that neither Seller nor any of the Agents shall be liable for the action or non-action of the Board of Directors in connection therewith. If approval is denied, the Deposit shall be returned to Buyer promptly, without deductions, and this Contract thereafter be of no further force or effect. If approval is delayed, the time herein specified for Settlement by Buyer shall be extended for the period necessary for such action. If delay is longer than 30 days, buyer may declare this contract null and void. This sale is subject to the terms of the certificate of incorporation; by-laws, rules and regulations of the Co-operative, the assigned Proprietary Documents and this Contract and signed addendum attached hereto (if any).
GCAAR Form 1306: Unimproved Land Sales Contract
The Form was updated and reformatted to reflect the new provisions of the GCAAR Sales Contract. Provisions that were unnecessary were deleted and language that was outdated was technically updated. The revised Form is overall shortened and more concise.
EPA Lead Brochures
EPA released a new June 2017 "Protect Your Family From Lead in Your Home" brochure. This was updated accordingly.
Montgomery County Lease Summary
The latest version of the "Montgomery County Rental Lease Summary" was added to the library.