Short Sale Home Purchase Agreement
Introduction
A short sale home purchase agreement is a legal contract between a buyer and a seller for the purchase of a property that is being sold for less than the amount owed on the mortgage. This agreement outlines the terms and conditions of the sale, including the purchase price, the timeline for closing, and any contingencies that must be met before the sale can be completed.
Key Terms and Conditions
- Purchase Price: Specifies the agreed-upon price for the property, which is typically less than the amount owed on the mortgage.
- Approval Contingency: Includes a contingency clause stating that the sale is subject to the approval of the seller's lender(s).
- Timeline: Outlines the timeline for closing the sale, including any deadlines for completing inspections or obtaining financing.
- Seller Contributions: Specifies whether the seller will contribute towards closing costs or other expenses.
- Property Condition: Describes the condition of the property and any inspections that must be completed before closing.
Buyer's Responsibilities
- Financing: Secures financing for the purchase of the property, subject to the approval of the seller's lender(s).
- Inspections: Arranges for inspections of the property to ensure its condition meets its expectations.
- Deposit: Provides a deposit to secure the purchase, which may be forfeited if the buyer fails to complete the sale.
Seller's Responsibilities
- Approval: Seeks approval from their lender(s) for the short sale.
- Property Maintenance: Maintains the property in its current condition until closing.
- Disclosure: Provides full disclosure of any known issues with the property.
Closing Process
- Closing Costs: Specifies which party is responsible for paying closing costs, including title insurance, transfer taxes, and attorney fees.
- Title Search: Conducts a title search to ensure there are no lines or other issues with the property's title.
- Closing: Completes the sale at a mutually agreed-upon date and time.
A short sale home purchase agreement is a complex document that requires careful attention to detail. Both buyers and sellers need to understand the terms and conditions of the agreement fully. Working with a real estate professional experienced in short sales can help ensure a smooth and successful transaction.
