The Nwmls 21 form is a Residential Purchase and Sale Agreement used in real estate transactions within the Northwest Multiple Listing Service. This form outlines the specific terms and conditions agreed upon by the buyer and seller regarding the sale of a residential property. It serves as a comprehensive document that details essential elements such as the purchase price, included items, earnest money, and closing procedures.
The Nwmls 21 form, officially known as the Residential Purchase and Sale Agreement, serves as a crucial document in real estate transactions within Washington State. It outlines the essential terms and conditions agreed upon by the buyer and seller when purchasing residential property. Key components of the form include specific details such as the date of the agreement, the identification of both the buyer and seller, and a description of the property being sold, including its tax parcel number and legal description. Additionally, the form specifies included items that may come with the property, such as appliances and fixtures. Financial aspects are also covered, including the purchase price, earnest money, and provisions for default. The agreement addresses title insurance, closing agents, and the timeline for closing and possession. Furthermore, it includes sections on agency disclosure, closing costs, and the rights and responsibilities of both parties, ensuring clarity and protection throughout the transaction process. This comprehensive document is designed to facilitate a smooth transfer of property ownership while safeguarding the interests of all parties involved.
What is the purpose of the NWMLS Form 21?
The NWMLS Form 21 is a Residential Purchase and Sale Agreement used in real estate transactions in Washington State. It outlines the specific terms and conditions under which a buyer agrees to purchase a property from a seller. This form serves as a legally binding document that details essential information such as the purchase price, earnest money, included items, and closing date. Both parties must carefully review and sign the agreement to ensure clarity and mutual understanding of the transaction.
What is earnest money, and how does it work in this agreement?
Earnest money is a deposit made by the buyer to demonstrate their commitment to purchasing the property. In the NWMLS Form 21, the buyer must deliver the earnest money within two days after both parties mutually accept the agreement. This deposit is typically held by the selling firm or closing agent and is applied toward the purchase price at closing. If the buyer fails to complete the purchase without a legal excuse, the seller may retain the earnest money as liquidated damages, up to a maximum of five percent of the purchase price.
What items are included in the sale of the property?
The NWMLS Form 21 allows buyers and sellers to specify included items in the sale. Common items may include appliances such as stoves, refrigerators, washers, and dryers, as well as fixtures like lighting and window treatments. The form provides checkboxes for these items, ensuring both parties agree on what is included in the sale. If any items are leased or encumbered, the seller must clear the title before closing.
What happens if the title to the property is not insurable?
If the title to the property cannot be made insurable before the closing date, the buyer's sole remedy is to receive a refund of the earnest money, minus any unpaid costs. This situation terminates the agreement, and the buyer will not have the right to seek specific performance or damages from the seller. It is crucial for buyers to ensure that the title is clear and marketable before proceeding with the transaction.
How are closing costs handled in this agreement?
Closing costs are typically shared between the buyer and seller, with each party paying half of the escrow fee unless specified otherwise. The buyer is responsible for their loan-related costs, such as the credit report and appraisal fees. Any delinquent payments on encumbrances that will remain after closing are to be paid by the seller. It is important for both parties to review these costs and ensure they understand their financial obligations prior to closing.
This form is equally important for sellers. It outlines the terms of the sale, including the seller's obligations and rights.
Earnest money can be refunded under certain conditions, such as if the buyer terminates the agreement within specified timeframes or if the seller fails to provide insurable title.
While a closing date is specified, it can change if it falls on a weekend or holiday, or if both parties agree to a different date.
Only items checked in the included items section are automatically part of the sale. Buyers should ensure all desired items are explicitly included.
Buyers and sellers are advised to seek legal counsel to review the terms of the agreement to ensure their interests are protected.
No form can guarantee a successful sale. Various factors, including financing and inspections, can impact the transaction.
Both parties have ongoing obligations, such as maintaining the property and adhering to the terms outlined in the agreement until closing.
The Nwmls 21 form is specifically designed for residential purchases in Washington State and may not be applicable in other jurisdictions or for different types of transactions.
Form 21
©Copyright 2011
Residential Purchase & Sale Agreement
Northwest Multiple Listing Service
Rev. 8/11
ALL RIGHTS RESERVED
Page 1 of 5
RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT
SPECIFIC TERMS
1. Date: __________________________________________ MLS No.:
__________________________________
2.Buyer: _____________________________________________________________________________________
3.Seller: ______________________________________________________________________________________
4. Property: Tax Parcel No(s).: ____________________________________ ( ______________________County)
Street Address: ___________________________________________________ Washington ________________
Legal Description: Attached as Exhibit A.
5.Included Items: stove/range; refrigerator; washer; dryer; dishwasher; hot tub; fireplace insert;
wood stove; satellite dish; security system; other ___________________________________________
6.Purchase Price: $_____________________________________________________________________________
7.Earnest Money: (To be held by Selling Firm; Closing Agent)
Personal Check: $______________; Note: $______________; Other ( ________________ ): $ _______________
8.Default: (check only one) Forfeiture of Earnest Money; Seller’s Election of Remedies
9.Title Insurance Company: _____________________________________________________________________
10.Closing Agent: a qualified closing agent of Buyer’s choice; _______________________________________
11.Closing Date: ________________________________________________________________________________
12.Possession Date: on Closing; Other _________________________________________________________
13.Offer Expiration Date: _________________________________________________________________________
14.Services of Closing Agent for Payment of Utilities: Requested (attach NWMLS Form 22K); Waived
15.Charges and Assessments Due After Closing: assumed by Buyer; prepaid in full by Seller at Closing
16.Agency Disclosure: Selling Broker represents: Buyer; Seller; both parties; neither party
Listing Broker represents: Seller; both parties
17.Addenda: ___________________________________________________________________________________
____________________________________________________________________________________________
______________________________________________
____________________________________________
Buyer’s Signature
Date
Seller’s Signature
Buyer’s Address
Seller’s Address
City, State, Zip
Phone No.
Fax No.
Buyer’s E-mail Address
Seller’s E-mail Address
Selling Firm
MLS Office No.
Listing Firm
Selling Firm’s Assumed Name (if applicable)
Listing Firm’s Assumed Name (if applicable)
Selling Broker (Print)
MLS LAG No.
Listing Broker (Print)
Firm Fax No.
Selling Broker’s E-mail Address
Listing Broker’s E-mail Address
Page 2 of 5
GENERAL TERMS
Continued
a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless
1
otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance
2
with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other
3
property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement.
4
b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance of this Agreement to
5
Selling Broker who will deposit any check to be held by Selling Firm, or deliver any Earnest Money to be held by Closing
6
Agent, within 3 days of receipt or mutual acceptance, whichever occurs later. If the Earnest Money is held by Selling
7
Firm and is over $10,000.00 it shall be deposited into an interest bearing trust account in Selling Firm’s name provided
8
that Buyer completes an IRS Form W-9. Interest, if any, after deduction of bank charges and fees, will be paid to Buyer. 9
Buyer shall reimburse Selling Firm for bank charges and fees in excess of the interest earned, if any. If the Earnest
10
Money held by Selling Firm is over $10,000.00 Buyer has the option to require Selling Firm to deposit the Earnest
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Money into the Housing Trust Fund Account, with the interest paid to the State Treasurer, if both Seller and Buyer so
12
agree in writing. If the Buyer does not complete an IRS Form W-9 before Selling Firm must deposit the Earnest Money
13
or the Earnest Money is $10,000.00 or less, the Earnest Money shall be deposited into the Housing Trust Fund 14
Account. Selling Firm may transfer the Earnest Money to Closing Agent at Closing. If all or part of the Earnest Money is
15
to be refunded to Buyer and any such costs remain unpaid, the Selling Firm or Closing Agent may deduct and pay them
16
therefrom. The parties instruct Closing Agent to provide written verification of receipt of the Earnest Money and notice of
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dishonor of any check to the parties and Brokers at the addresses and/or fax numbers provided herein.
18
Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest
19
Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 20
If either party fails to execute the release form, the other party may make a written demand to the Closing Agent for the
21
Earnest Money. If only one party makes such a demand, Closing Agent shall promptly deliver notice of the demand to
22
the other party. If the other party does not object to the demand within 10 days of Closing Agent’s notice, Closing Agent
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shall disburse the Earnest Money to the party making the demand. If Closing Agent complies with the preceding 24
process, each party shall be deemed to have released Closing Agent from any and all claims or liability related to the
25
disbursal of the Earnest Money. The parties are advised that, notwithstanding the foregoing, Closing Agent may require
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the parties to execute a separate agreement before disbursing the Earnest Money. If either party fails to authorize the
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release of the Earnest Money to the other party when required to do so under this Agreement, that party shall be in
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breach of this Agreement. Upon either party’s request, the party holding the Earnest Money shall commence an 29
interpleader action in the county in which the Property is located. For the purposes of this paragraph, the term Closing
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Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader
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action to deduct up to $500.00 for the costs thereof.
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c.Included Items. Any of the following items, including items identified in Specific Term No. 5 if the corresponding box is 33 checked, located in or on the Property are included in the sale: built-in appliances; wall-to-wall carpeting; curtains, 34 drapes and all other window treatments; window and door screens; awnings; storm doors and windows; installed 35 television antennas; ventilating, air conditioning and heating fixtures; trash compactor; fireplace doors, gas logs and gas 36 log lighters; irrigation fixtures; electric garage door openers and remotes; water heaters; installed electrical fixtures; 37
lighting fixtures; shrubs, plants and trees planted in the ground; all bathroom and other fixtures; and all associated
38
operating equipment. If any of the above Included Items are leased or encumbered, Seller shall acquire and clear title at
39
or before Closing.
40
d.Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 41 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 42 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 43 unduly interfering with Buyer’s reasonable use of the Property; and reserved oil and/or mining rights. Monetary 44 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 45
conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer’s interest in a Real Estate
46
Contract, the Statutory Warranty Deed shall include a buyer’s assignment of the contract sufficient to convey after
47
acquired title.
48
e.Title Insurance. Seller authorizes Buyer’s lender or Closing Agent, at Seller’s expense, to apply for the then-current 49 ALTA form of Homeowner’s Policy of Title Insurance for One-to-Four Family Residence, from the Title Insurance 50 Company. If Seller previously received a preliminary commitment from a Title Insurance Company that Buyer declines 51 to use, Buyer shall pay any cancellation fees owing to the original Title Insurance Company. Otherwise, the party 52 applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. If the Title Insurance 53 Company selected by the parties will not issue a Homeowner’s Policy for the Property, the parties agree that the Title 54 Insurance Company shall instead issue the then-current ALTA standard form Owner’s Policy, together with 55 homeowner’s additional protection and inflation protection endorsements, if available. The Title Insurance Company 56 shall send a copy of the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary 57 commitment, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and 58 Exceptions in the Policy and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be 59
Initials: BUYER: _________________
Date: _____________
SELLER: ________________
Date: ___________
BUYER: _________________
Page 3 of 5
made so insurable prior to the Closing Date, then as Buyer’s sole and exclusive remedy, the Earnest Money shall,
60
unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described
61
in this Agreement, and this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance
62
or damages as a consequence of Seller’s inability to provide insurable title.
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f.Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. If the Closing Date falls 64 on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, 65 the Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when 66 the county recording office is closed. “Closing” means the date on which all documents are recorded and the sale 67 proceeds are available to Seller. Seller shall deliver keys and garage door remotes to Buyer on the Closing Date or on 68 the Possession Date, whichever occurs first. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. 69 Seller shall maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to 70 possession. If possession transfers at a time other than Closing, the parties agree to execute NWMLS Form 65A 71
(Rental Agreement/Occupancy Prior to Closing) or NWMLS Form 65B (Rental Agreement/Seller Occupancy After
72
Closing) (or alternative rental agreements) and are advised of the need to contact their respective insurance companies
73
to assure appropriate hazard and liability insurance policies are in place, as applicable.
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g.Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 75 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 76 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys’ fees and 77 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 78
party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a
79
Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the
80
purposes of completing a reverse exchange.
81
h.Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 82 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 83 and lienable homeowner’s association dues shall be prorated as of Closing. Buyer shall pay Buyer’s loan costs, 84 including credit report, appraisal charge and lender’s title insurance, unless provided otherwise in this Agreement. If any 85 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 86 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 87 prior to Closing, Seller obtains a written statement as to the quantity and current price from the supplier. Seller shall pay 88 all utility charges, including unbilled charges. Unless waived in Specific Term No. 14, Seller and Buyer request the 89
services of Closing Agent in disbursing funds necessary to satisfy unpaid utility charges in accordance with RCW 60.80
90
and Seller shall provide the names and addresses of all utilities providing service to the Property and having lien rights
91
(attach NWMLS Form 22K Identification of Utilities or equivalent).
92
Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or
93
other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that
94
are encumbrances at the time of Closing, or that are or become due on or before Closing. Charges levied before
95
Closing, but becoming due after Closing shall be paid as agreed in Specific Term No. 15.
96
i.Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 97
terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone
98
else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies,
99
and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 100
and copies of documents concerning this sale.
101
j.FIRPTA - Tax Withholding at Closing. The Closing Agent is instructed to prepare a certification (NWMLS Form 22E or 102
equivalent) that Seller is not a “foreign person” within the meaning of the Foreign Investment In Real Property Tax Act. 103 Seller shall sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, 104
Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service.
105
k.Notices. In consideration of the license to use this and NWMLS's companion forms and for the benefit of the Listing 106 Broker and the Selling Broker as well as the orderly administration of the offer, counteroffer or this Agreement, the 107 parties irrevocably agree that unless otherwise specified in this Agreement, any notice required or permitted in, or 108 related to, this Agreement (including revocations of offers or counteroffers) must be in writing. Notices to Seller must be 109 signed by at least one Buyer and shall be deemed given only when the notice is received by Seller, by Listing Broker or 110 at the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and shall be deemed 111 given only when the notice is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. Receipt by 112 Selling Broker of a Form 17, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards, Public 113 Offering Statement or Resale Certificate, homeowners’ association documents provided pursuant to NWMLS Form 114 22D, or a preliminary commitment for title insurance provided pursuant to NWMLS Form 22T shall be deemed receipt 115 by Buyer. Selling Broker and Listing Broker have no responsibility to advise of receipt of a notice beyond either phoning 116 the party or causing a copy of the notice to be delivered to the party's address shown on this Agreement. Buyer and 117
Page 4 of 5
Seller must keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification 118
of receipt of a notice.
119
l.Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 120 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 121 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 122 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 123 Saturday, Sunday or legal holiday. Any specified period of 5 days or less shall not include Saturdays, Sundays or legal 124 holidays. If the parties agree that an event will occur on a specific calendar date, the event shall occur on that date, 125 except for the Closing Date, which, if it falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day 126 when the county recording office is closed, shall occur on the next day that is not a Saturday, Sunday, legal holiday, or 127 day when the county recording office is closed. If the parties agree upon and attach a legal description after this 128 Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual 129
acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than 130
on the date the legal description is attached. Time is of the essence of this Agreement.
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m.Facsimile and E-mail Transmission. Facsimile transmission of any signed original document, and retransmission of 132 any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the 133
Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document. E-mail 134 transmission of any document or notice shall not be effective unless the parties to this Agreement otherwise agree in 135
writing.
136
n.Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 137 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 138
be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 139
electronic form has the same legal effect and validity as a handwritten signature.
140
o.Assignment. Buyer may not assign this Agreement, or Buyer’s rights hereunder, without Seller’s prior written consent, 141 unless the parties indicate that assignment is permitted by the addition of “and/or assigns” on the line identifying the 142
Buyer on the first page of this Agreement.
143
p.Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 144
provision, as identified in Specific Term No. 8, shall apply:
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i.Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 146 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 147
ii.Seller’s Election of Remedies. Seller may, at Seller’s option, (a) keep the Earnest Money as liquidated damages 148 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller’s actual 149
damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 150
any other rights or remedies available at law or equity.
151
q.Professional Advice and Attorneys’ Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 152 certified public accountant to review the terms of this Agreement. Buyer and Seller agree to pay their own fees incurred 153
for such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing 154
party is entitled to reasonable attorneys’ fees and expenses.
155
r.Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 156 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a 157
signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 158
accepted, it shall lapse and any Earnest Money shall be refunded to Buyer.
159
s.Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of the Seller’s 160 name, shall be considered a counteroffer. If a party makes a counteroffer, then the other party shall have until 9:00 p.m. 161 on the counteroffer expiration date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not be 162
effective until a signed copy is received by Seller, by Listing Broker or at the licensed office of Listing Broker. If the 163
counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer.
164
t.Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 165
offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 166
unless sooner withdrawn.
167
u.Agency Disclosure. Selling Firm, Selling Firm’s Designated Broker, Selling Broker’s Branch Manager (if any) and 168 Selling Broker’s Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 169 Firm’s Designated Broker, Listing Broker’s Branch Manager (if any), and Listing Broker’s Managing Broker (if any) 170 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 171 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 172
Page 5 of 5
(if any), and Managing Broker (if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 173 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 174 Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All 175
parties acknowledge receipt of the pamphlet entitled “The Law of Real Estate Agency.”
176
v.Commission. Seller and Buyer agree to pay a commission in accordance with any listing or commission agreement to 177 which they are a party. The Listing Firm’s commission shall be apportioned between Listing Firm and Selling Firm as 178 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 179 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 180 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 181 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 182
court costs and reasonable attorneys’ fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 183
under this Agreement.
184
w.Cancellation Rights/Lead-Based Paint. If a residential dwelling was built on the Property prior to 1978, and Buyer 185
receives a Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (NWMLS Form 22J) after 186
mutual acceptance, Buyer may rescind this Agreement at any time up to 3 days thereafter.
187
x.Information Verification Period and Property Condition Disclaimer. Buyer shall have 10 days after mutual 188 acceptance to verify all information provided from Seller or Listing Firm related to the Property. This contingency shall 189 be deemed satisfied unless Buyer gives notice identifying the materially inaccurate information within 10 days of mutual 190 acceptance. If Buyer gives timely notice under this section, then this Agreement shall terminate and the Earnest Money 191 shall be refunded to Buyer. Buyer and Seller agree, that except as provided in this Agreement, all representations and 192 information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. The 193 parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations under 194 this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter related to 195 this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In addition, Brokers 196 do not guarantee the value, quality or condition of the Property and some properties may contain building materials, 197 including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of lawsuits and/or 198 governmental inquiry because of possible defects or health hazards. Some properties may have other defects arising 199 after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the expertise to identify 200 or assess defective products, materials, or conditions. Buyer is urged to use due diligence to inspect the Property to 201 Buyer’s satisfaction and to retain inspectors qualified to identify the presence of defective materials and evaluate the 202 condition of the Property as there may be defects that may only be revealed by careful inspection. Buyer and Seller 203 acknowledge that home protection plans may be available which may provide additional protection and benefit to Buyer 204 and Seller. Brokers may assist the parties with locating and selecting third party service providers, such as inspectors or 205
contractors, but Brokers cannot guarantee or be responsible for the services provided by those third parties. The parties 206
agree to exercise their own judgment and due diligence regarding third-party service providers.
207
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Incomplete Information: One common mistake is failing to fill out all required fields. Each section, such as the buyer's and seller's names, property details, and purchase price, must be fully completed. Omitting any information can lead to delays or complications in the transaction.
Incorrect Dates: Another frequent error involves entering the wrong dates. This includes the offer expiration date, closing date, and possession date. Accurate dates are crucial for ensuring that all parties adhere to the agreed timeline.
Misunderstanding Earnest Money: Many individuals either miscalculate or misrepresent the earnest money amount. It's important to clearly state the amount and ensure it aligns with the terms of the agreement. Confusion around earnest money can lead to disputes later on.
Failing to Specify Included Items: When listing items included in the sale, such as appliances or fixtures, it’s essential to check all applicable boxes. Leaving items unchecked can create misunderstandings about what is part of the sale.
Ignoring Agency Disclosure: Some people overlook the agency disclosure section, which clarifies who the brokers represent. This is important for understanding the roles and responsibilities of each party involved in the transaction.
Not Reviewing Terms Thoroughly: Lastly, failing to read and understand the general terms can lead to significant issues. Buyers and sellers should review all provisions carefully, as these terms outline important aspects of the agreement, including default consequences and closing costs.
When filling out the NWMLS 21 form, it is essential to follow certain guidelines to ensure accuracy and compliance. Here are nine things you should and shouldn't do:
The NWMLS Form 21, known as the Residential Purchase and Sale Agreement, shares similarities with the RE-21 form, which is another standard residential purchase agreement used in various regions. Both forms outline the essential terms of a real estate transaction, including the purchase price, earnest money, and closing details. They also emphasize the importance of disclosures and agency relationships, ensuring that both buyers and sellers understand their rights and obligations. The structure and clarity of both forms aim to facilitate smooth transactions while protecting the interests of all parties involved.
Another document akin to the NWMLS Form 21 is the Residential Real Estate Purchase Agreement (RREPA). This agreement typically includes similar provisions regarding the purchase price, earnest money, and conditions of sale. Like Form 21, the RREPA emphasizes the significance of inspections and contingencies, allowing buyers to assess the property's condition before finalizing the sale. Both documents serve to create a clear framework for negotiations and help prevent disputes by detailing the responsibilities of each party.
For an understanding of the eviction process, landlords may refer to the official Notice to Quit guidelines, which detail the necessary steps and requirements for proper notification to tenants.
The Purchase Agreement for Residential Real Estate (PAR) also resembles the NWMLS Form 21 in its format and content. Both agreements address key elements such as the property description, financing details, and closing procedures. Additionally, they both include provisions for handling earnest money and outline the consequences of default. The PAR, like Form 21, aims to protect the interests of both buyers and sellers while ensuring a transparent and organized transaction process.
Similar to the NWMLS Form 21 is the Standard Residential Purchase Agreement (SRPA), which is commonly used in various states. The SRPA contains sections addressing the purchase price, earnest money, and closing date, mirroring the structure of Form 21. Both agreements also provide for contingencies, such as financing and inspection, allowing buyers to make informed decisions. The SRPA, like Form 21, serves as a comprehensive guide for the transaction, ensuring that all necessary terms are clearly outlined.
The Real Estate Purchase Agreement (REPA) is another document that shares characteristics with the NWMLS Form 21. Both forms outline the specific terms of the sale, including the identification of the buyer and seller, property details, and the agreed-upon purchase price. They also include provisions for earnest money and default, ensuring that both parties understand their obligations. The REPA emphasizes clarity and organization, much like Form 21, to facilitate a smooth transaction process.
In addition, the Uniform Residential Purchase Agreement (URPA) is comparable to the NWMLS Form 21. The URPA includes similar sections regarding the purchase price, earnest money, and closing details. Both documents aim to protect the interests of both parties while providing a clear structure for the transaction. The URPA, like Form 21, emphasizes the importance of disclosures and the roles of agents, ensuring that all parties are well-informed throughout the process.
The Exclusive Buyer Representation Agreement (EBRA) also shares similarities with the NWMLS Form 21. While the EBRA focuses on the buyer's representation, it includes key elements such as the identification of the property, the terms of the purchase, and the responsibilities of the buyer's agent. Both documents aim to create a transparent and organized framework for real estate transactions, ensuring that buyers are well-represented and informed throughout the process.
Lastly, the Buyer’s Agency Agreement (BAA) is another document that aligns with the NWMLS Form 21. The BAA outlines the relationship between the buyer and their agent, specifying the terms of representation and the responsibilities of each party. Both documents emphasize the importance of clear communication and understanding of roles in the transaction. The BAA, like Form 21, serves to protect the interests of the buyer while ensuring a smooth and organized purchasing experience.