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The "Appraisal Contingency Waiver Addendum" allows buyers to waive or modify the appraisal contingency in a real estate transaction, meaning they agree to proceed with the purchase even if the property appraises for less than the agreed price. Buyers can choose to fully waive the contingency or partially waive it by agreeing to cover a specific amount over the appraisal, up to a limit. This addendum may be used in competitive markets and may require buyers to bring additional cash to closing if the appraisal (and approved loan amount) is lower than the purchase price.
The "Inspection and Observation Waiver Addendum" allows buyers to waive their right to inspect the property or hire an inspector, and they cannot terminate the agreement based on any issues that might have been found through such inspections. The buyer accepts the property as-is and releases the seller and brokers from liability for any issues discovered later. This waiver means that if the buyer backs out of the deal due to any defects or observations, they may be in default of the purchase agreement.
The Termination Agreement form is crucial for buyers to review carefully when terminating a Purchase Agreement. This agreement formally cancels the purchase agreement, waiving the buyer's and seller's right to enforce the sale through specific performance. It provides the reason for termination, and whether there is a contingency to the purchase agreement that was not satisfied.
Buyers are strongly encouraged to review this form thoroughly with their agent or attorney to fully understand its implications before signing.
If your home purchase involves an earnest money deposit, the Earnest Money - Consent to Distribution form is essential, especially in case the transaction is terminated. This form outlines how the earnest money—funds showing the buyer’s commitment—will be distributed if the sale doesn’t proceed. If there’s any disagreement between buyer and seller on how to distribute these funds, the holder of the earnest money may file an "Interpleader" action. This legal proceeding allows the court to determine the final distribution, and any associated legal fees could be charged to the non-prevailing party.
To protect your interests, carefully review this form with your agent and consider consulting an attorney to understand your rights fully.