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“__________ is added as a buyer and hereby ratifies all prior terms and conditions and agrees to proceed with the transaction.” Note: The buyer then signs that addendum along with the rest of the parties and signs every subsequent document.
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“Offer is contingent upon the investigation and confirmation to Buyer’s satisfaction of the ability and feasibility to construct an ADU on the property and Buyer’s approval of the suitability of the property for Buyer’s intended use. Investigation and feasibility studies shall include confirmation of the availability of governmental permits, utilities and other services, and all tests, inspections and studies on the property deemed necessary by Buyer. All time frames, rights, duties and remedies under paragraph 15.2 of the Sales Agreement shall apply.”
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“If appraised value is lower than sales price, then buyer agrees to pay up to $_____ in additional funds to cover the difference. If difference in value is greater than $_____, then Section 5.2 Failure of Financing Contingencies, lines 76-83 of the Sales Agreement would then apply.”
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“Jane Doe to be replaced by Janet Doe as Buyer on this transaction. Janet Doe ratifies all of the terms and conditions of the transaction documents and agrees to proceed with the transaction. All other terms and conditions to remain the same.”
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Seller, Release after inspection period: “Unless Buyer unconditionally disapproves of the Property based on Buyer’s inspection prior to the end of the inspection period, the earnest money will be nonrefundable to Buyer and Buyer will cause escrow to promptly release the money to Seller.”
Seller, Release for late closing: “In consideration for extending the closing date to ____ the earnest money currently being held at ____ will be immediately released to the Seller. It will not be returned to the Buyer for any reason, including not being able to get financing; however, it will be part of the down payment at closing.”
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“Buyer will pay up to $ more than Seller’s net price (price resulting after any credits given by the Seller) of any bona fide competing offer up to a limit of $____. In the event that this escalation is invoked, Seller will provide Buyer with a copy of the sales agreement pages that indicate purchase price and any additional provisions.”
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Cash Buyer Appraisal: “The Buyer reserves the right to purchase an appraisal at their own expense. If the property appraises for less than the purchase price, the terms of section 3.2 “Failure of financing contingencies” will apply.”
Buyer Source Of Funds: “A portion of the Buyer’s down payment will be coming from _______.”
Closing Costs: “Seller agrees to contribute $______ towards Buyer’s settlement charges, pre-paids and/or pro-rates.”
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“Buyer and Seller acknowledge that selling agent's name represents only the Buyer in this transaction and provides no agency or representation to the Seller.” (Be sure "Final Agency Acknowledgement at top of sale agreement is completed properly to show this. Also use the OREF Seller Fee Agreement form to secure commission from Seller to selling broker).
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“Buyer’s inspection contingency period will be extended through xx/xx/xxxx at 11:59pm.”
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Under Additional Provisions: “Seller gives buyer permission, at Buyer’s sole option, to test for radon, mold, asbestos, lead, underground storage tanks, and to perform sewer scope and/or soil sampling." Or Under Professional Inspections Clause : Identify Additional Inspections: At Buyer's sole option: sewer, radon, oil tank. soil, asbestos, mold.
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“Buyer will have the option to do a final walk-through of the property one day prior to the close of the transaction to ensure that the property is in substantially its present conditions, as referred to in section 13-(5).”
“This sale is subject to the Buyer’s receipt and approval of the Seller’s written one-year builder’s warranty. Buyers will have 3 business days after receipt to approve the warranty.”
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Under Additional Provisions: “Seller may retain possession of property until up to ___ and including date at cost (no rental cost, Buyer’s PITI, $xx/day) to Seller. Seller will notify Buyer of intentions regarding this "rent-back" by date. If Seller chooses to retain possession after closing, Buyer and Seller will complete OREF-054, "Agreement to Occupy after Closing."
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Contingency removal: “Buyer removes the inspection contingency subject to Seller, at Seller’s sole expense, completing the following repairs:”
Exterior repaint: “Have an Oregon licensed and bonded painter scrape/sand, prime and paint exterior of the house (with 2 coats of paint). Seller will allow Buyers to choose the colors (maximum of 2 - base & trim). Replace any dry rot found. Painter will abide by all EPA lead-based paint guidelines.”
Oil Tank Removal: “Seller, at Seller’s sole expense, will have an Oregon licensed and bonded DEQ certified heating oil tank service provider perform "Site-Based Risk Investigation and Heating Oil Tank Certification," the scope of service will comply with current Oregon DEQ rules and regulations. Clean up report and certification letter will be provided to Buyer and filed with Oregon Department of Environmental Quality. Site area will be restored to substantially its present condition. DEQ certification letter will be provided to the Buyer prior to closing.”
Radon mitigation: “Have Oregon licensed and bonded Radon mitigation company install a Radon mitigation system to reduce levels in home to below the World Health Organization’s recommended action level of 2.7 pCi/L. Seller will have home retested after mitigation system is installed and will provide Buyer with proof of new acceptable levels.”
Roof replacement: “Have an Oregon licensed and bonded roofer tear off all layers of existing roof and replace the roof with a 30-year architectural roof system (including but not limited to felt, flashing, venting) to meet current code requirements. Remove/replace any dry rot found. Buyer will have the option to select the shingle color.”
Provide receipts: “Seller will provide Buyer with all receipts and permits at the completion of each repair.”
Sewer line replacement: “Have an Oregon licensed and bonded sewer contractor replace the sewer line from the house to the city property. Seller will restore sidewalk and landscape to substantially its present condition.”
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Mutual acceptance: “All deadlines, as referred to in section 2 above, will begin upon Buyer’s receipt of written approval of the sale from all lien holders.”
Short sale date extensions: “The expiration date on the short sale addendum line 24 will be extended to _________________. The close date will be extended to: On or before ________. All other terms and conditions will remain the same.”
Short sale withdrawal: “Buyer will have up to 2 business days after Mutual Acceptance to withdraw their offer with no penalty.”
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“The Buyers unconditionally disapproves of the property and are unilaterally terminating based on inspection results. This transaction is hereby canceled and all earnest money will be promptly released from the title company and returned to the Buyer.”
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Buyer(s) shall sign a Letter of Intent with their Lender and order appraisal within _____ days from acceptance.
Due to implementation of new Federal lender regulations - TRID (TILA and RESPA integrated disclosures), extending closing timelines may be necessary. Buyer(s) will perform to the best of their ability to meet the current contractual closing date. Should an extension be necessary for buyer(s) and buyer(s) lender to meet TRID regulations, seller(s) agrees to extend the closing date, if needed, for a reasonable period of time in order for full disclosure and delivery of loan documents to occur.
Bidding War Clauses
When you’re fighting tooth and nail, here are some options.
Escalation
Buyer agrees to pay $______ over any competing written offer up to a maximum of $______. Seller to provide redacted copy of competing offer to buyer within three business days of mutual acceptance.
Earnest Money
Buyer agrees to release $_______of non-refundable Earnest Money directly to the seller upon Buyer’s satisfaction of the completed home inspection period.
Appraisal
Should appraisal value come in above list price but below agreed upon purchase price Buyer agrees to bring the necessary cash to close the loan, up to a limit of $______.
or
Buyer waives appraisal contingency except if the appraised value is below the list price of $_______.
Repairs/Inspection
Buyer to ask for no repairs or seller concession for repairs under $______.
or
Buyer retains the right to conduct professional inspections for informational purposes only. Buyer will complete any/all inspections within ___ business days of mutual acceptance.