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      Home Buyer's Agent

      What Documents Does a Buyer Need to Buy Real Estate?

      Chuck Marunde by Chuck Marunde
      November 17, 2008
      Reading Time: 4 mins read
      0 0
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      Exclusive Buyer's AgentCan a buyer represent himself when he purchases real estate from a FSBO or from a listing agent?   Yes, but there are traps for the unwary, a few documents that are required by law and some documents that can protect you from calamity.

      Buying real estate used to be a matter of a few pages signed by the parties and a simple closing in a real estate office.   It’s not so easy anymore.   In the State of Washington here is a short list of the kinds of documents used in a typical real estate transaction.   Each document has its appropriate use and timing, and each document must be the latest revision, and they are revised regularly to comply with new law and new court rulings.

      1. Law of Real Estate Agency Pamphlet
      2. Lead Paint Hazards Pamphlet
      3. Mold, Moisture, and Your Home
      4. Seller Disclosure Statement-Improved Property
      5. Seller Disclosure Statement-Unimproved Property
      6. Multi-Family Purchase and Sale Agr.
      7. Residential Purchase and Sale Agr.
      8. Financing Addendum
      9. Financing Contingency Notice
      10. Buyer’s Sale of Property Contingency Addendum
      11. Payment Terms Addendum
      12. Optional Clauses Addendum
      13. FIRPTA Certificate
      14. For Your Protection: Get a Home Inspection
      15. For Sale By Owner Addendum
      16. Snohomish County “Right to Farm” Discl. St.
      17. Snohomish County “Right to Practice Forestry” Discl. St.
      18. Disclosure of Info. on Lead-Based Paint and Hazards
      19. Identification of Utilities Addendum
      20. King County Addendum
      21. Land and Acreage Addendum
      22. Promissory Note (Fixed Rate of Interest)
      23. San Juan County Tax Addendum
      24. Seller Warranty-No Foreclosure Sale Pending Add.
      25. Island County Addendum
      26. Skagit County “Right to Farm” Disclosure
      27. Buyer’s Pending Sale of Property Contingency
      28. Well Addendum
      29. Septic Addendum
      30. Short Sale Addendum
      31. Title Contingency Addendum
      32. King County Seller’ Notices of OSS
      33. Kitsap County Septic Addendum
      34. King County Buyer’s Declaration of OSS Receipt
      35. Homeowner Insurance Addendum
      36. Island County Noise Disclosure
      37. Pierce County Septic Addendum
      38. Oak Harbor Noise Disclosure
      39. Kittitas County Surface Water Rights Addendum
      40. Extension of Closing Date Addendum
      41. Kittitas County Right To Farm Discl. St.
      42. Snohomish County Smoke Detector Certification
      43. Open Space Addendum
      44. Manufactured Home PSA
      45. Vacant Land Purchase & Sale Agr.
      46. Presale Addendum
      47. Presale Addendum – Optional Clause
      48. Condominium Resale Certificate
      49. Condominium Purchase & Sale Agr.
      50. Condominium New Construction/Conversion Addendum
      51. Earnest Money Promissory Note
      52. Assignment of Buyer’s Interest
      53. Cooperative Apartment Addendum
      54. General Addendum
      55. Inspection Addendum
      56. Inspection Response for Form 35
      57. Escalation Addendum
      58. Feasibility Contingency
      59. Neighborhood Review Contingency
      60. Pre-Inspection Agreement
      61. Counter-Offer (Addendum)
      62. Withdrawal of Offer or Counteroffer
      63. King County On-Site Sewage System Discl.
      64. Back-Up Addendum to Purchase & Sale Agreement
      65. Notice to Back-Up Buyer that First Sale has Failed
      66. Second Buyer’s Addendum
      67. Commission Disbursement Form
      68. Buyer’s Agency Agreement
      69. Buyer’s Agreement No Agency
      70. Selling Broker’s Commission
      71. Agency Disclosure
      72. Reservation Agreement
      73. Notice to Remove Contingency (“Bump Notice”)
      74. Notice from Contingent Buyer to Seller (“Bump Reply”)
      75. Authorization to Disburse Earnest Money
      76. Rescission of Purchase and Sale Agreement
      77. Conditional Release of Listing
      78. Rental Agr. (Occupancy Prior to Closing)
      79. Rental Agreement (After Closing)
      80. Lease/Rental Agreement (Residential)
      81. Move-In/Move-Out Inspection Agr.
      82. Pet Agreement
      83. Option to Buy Real Estate
      84. Homeowner’s Policy of Title Insurance
      85. Receipt for Earnest Money
      86. Blank Notice
      87. Notice of Rescission of Agreement Pursuant to Form 17
      88. Notice of Termination of Agreement for Failure to Pay Earnest Money
      89. Failure to Close-Notice of Termination by Buyer
      90. Failure to Close-Notice of Termination by Seller-Seller Keep Earn. Money
      91. Failure to Close-Notice of Termination by Seller-Seller to Elect Remedies
      92. Buyer’s Notice of Waiver of Financing Contingency
      93. Buyer’s Notice of Termination (Financing Unavailable)
      94. Buyer’s Notice of appraisal Less Than Purchase Price-Termination
      95. Seller’s Notice of Consent-Second Contingent Sale
      96. Seller’s Notice of Consent-Delayed Closing
      97. Notice of Termination Pursuant to Neighborhood Review (Form 35)
      98. Notice of Termination (Disapproval of Park Rules and Regs-Form 23)
      99. Notice of Termination-(Unable to Assume Lease – Form 23)
      100. Notice of Termination (Feasibility Contingency Disapproval-Form 25)
      101. Notice of Termination (Public Offering Statement Disapproved-Form 28)
      102. Notice of Termination (Resale Certificate Unacceptable-Form 28)
      103. Seller’s Notice that Title Commitment is Available
      104. Buyer’s Notice of Termination (Homeowner Insurance is Unavailable)
      105. Buyer’s Pending Sale Contingency Notice

      I have always been a strong advocate of using a professional, in every profession, but here it is especially important that a buyer know when and how to use these documents.   And drafting unambiguous language in each of these primary documents and addendums is critical to avoid disputes and even a transaction that fails because of poor drafting.

      More than ever, buyers are wise to use exclusive buyer’s agents to represent them.   When I represent a buyer, I cost them nothing, because the seller pays my commission.   There is absolutely no conflict of interest, because I don’t worry about getting my buyer the lowest price while trying to get my seller the highest price at the same time!

      Last Updated on November 17, 2008 by Chuck Marunde

      Tags: Real Estate Documents
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      Chuck Marunde

      Chuck Marunde

      Chuck grew up in remote Alaska, graduated from the University of Alaska with a degree in Economics and Teacher Certification, and after teaching high school for two years, went to law school at Gonzaga University in Spokane, Washington. He served four years as a Captain and JAG in the USAF at Nellis AFB in Las Vegas. After practicing real estate law for 20 years in Washington, Chuck founded iRealty Virtual Brokers covering Sequim and the beautiful Olympic Peninsula. He is the author of 2,200 real estate articles and a dozen real estate books, and he produced over 100 real estate videos. Chuck combined his love for real estate and technology to create a massive Internet presence, and his articles and videos and books have been viewed by millions. Chuck is a well recognized real estate expert and his counsel is sought by other brokers and practicing attorneys around the country. Buyers from New York to Hawaii and from Florida to Alaska seek him out to retain him as their buyer's agent, and home owners around the State of Washington seek him out because of his new Flat Fee Listing Service. 

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      Comments 24

      1. Jim Spence says:
        14 years ago

        It was such a boring Thursday today and I found your site about Documents Does a Buyer Need to Buy Real Estate?. Where did you find that one?

        Reply
      2. Daniel Craig says:
        14 years ago

        Hi, I was looking around for a while searching for closing ports and I happened upon this site and your post regarding Documents Does a Buyer Need to Buy Real Estate?, I will definitely this to my closing ports bookmarks!

        Reply
      3. NH Homes For Sale says:
        14 years ago

        Wow,i didn’t realize buy a home was that difficult in the state of Washington.

        Reply
      4. MA Homes for Sale says:
        14 years ago

        Great List! Thanks

        Reply
      5. rochester nh real estate says:
        14 years ago

        Washington has tons of forms huh? I know its getting more and more complex all around the country. I’d also advising getting a professional, especially with something as drastic as this.

        Reply
      6. Chad says:
        14 years ago

        That is why I prefer to use a Realtor because they can find all those docs for me to sign why I am out looking for more houses

        Reply
      7. JCL says:
        14 years ago

        In addition to using a professional for document reasons, it is very valuable to have a pro do the negotiating for you. Negotiating directly yourself can be very damaging as your emotions can cause you to say something to needlessly kill a deal. An agent can do two things: 1) negotiate for a living, therefore do it more than you, therefore are (usually) better than you at it, and 2) can provide that emotional buffer between you and the seller – talking to your agent about negotiations can give you a cooling down period.

        Reply
      8. Branson Real Estate says:
        14 years ago

        Here in Missouri, things are not quite as complicated as they appear to be in Washington.
        But still, I would always recommend using a professional real estate agent for assistance in all real estate investments.

        Reply
      9. Todd Beardsley says:
        14 years ago

        On top of needing to understand all the documents, there is another reason to have an agent: They’re professionals who know what they’re doing. If it was so easy to just do it yourself and bypass using an agent to help you, there would be no real estate agencies. They exist because it is a hard process. They can handle it because they have studied and mastered the in’s and out’s of the laws. Hiring a pro is always the way to go, unless your a pro yourself.

        Reply
      10. Real Estate New York NY says:
        14 years ago

        Obviously, real estate is not as simple as buying and selling houses. There’s a lot more to it. Also, given the location and the kind of market, things only get more difficult.

        Reply
      11. Lake Front Real Estate says:
        13 years ago

        Hi,

        Yes, that’s a long list of paperwork. Some people just don’t have the time to take the risk to buy without a real estate agent and some do. Do you have a blog for NY state similar to this?

        Reply
      12. Chuck Marunde says:
        13 years ago

        No I don’t have a blog for NY similar to this. I practice on the beautiful Northern Olympic Peninsula in Sequim and Port Angeles, Washington, which is across the Strait of Juan de Fuca to the west of Seattle. New York? That’s a long way way from here.

        Reply
      13. la jolla real estate says:
        13 years ago

        i agree with you good photographs always attract the buyer and he take interest in the particular property because photographs make the good image in buyer mind but the photographs should be the real.

        Reply
      14. property in dubai says:
        13 years ago

        Buying or selling real estate is not nearly as simple as the non-professional thinks. Some people get lucky and everything goes fine, but a lot of people end up making some pretty darn big mistakes, and I can testify to the mistakes I’ve seen buyers and sellers make over the years.

        Reply
      15. Daniel Craig says:
        13 years ago

        Hi, I was looking around for a while searching for a list of documents for buying, and I happened upon your site and your post regarding Documents A Buyer Needs to Buy Real Estate. I will definitely add this to my bookmarks!

        Reply
      16. Greenwich Real Estate says:
        13 years ago

        Buying or selling real estate is not nearly as simple as the non-professional thinks

        Reply
      17. Knoxville TN Homes says:
        13 years ago

        Wow, I didn’t realize there were so many documents and so much to think about when buying a home. I guess I’ve only seen the tip of the iceberg. Hey, thanks for the rock solid information. By the way, I would add, from reading many of your articles, that you are clearly the best writer on real estate. I guess that’s one reason your Sequim real estate blog gets so much attention.

        Reply
      18. Toronto Home Inspections says:
        13 years ago

        The real estate market is often complicated and risky, whether buying or selling, home inspections should be geared towards your protection.

        Reply
      19. Chino Hills Homes says:
        13 years ago

        When I represent a buyer, I cost them nothing, because the seller pays my commission.

        This is a great point, so many buyers are not aware of this fact. I let them know I cost you nothing, but I will save you a bunch.

        Reply
      20. Best pet insurance says:
        12 years ago

        What a great list. Thanks for putting this online.

        Reply
      21. Toronto Concrete says:
        12 years ago

        A real estate contract typically does not convey or transfer ownership of real estate by itself. A different document called a deed is used to convey real estate.

        Reply
      22. custom paper writing says:
        11 years ago

        Sequim WA is a beautiful place. Drove through Sequim the first time about 11 years ago. Always intended to go fishing out there west of Port Angeles or in the Elwha River, but didn’t get a chance.

        Reply
      23. Belfor says:
        11 years ago

        I have family in Sequim, and we love to read your blog to keep up on Sequim and also to be able to talk with our family about local real estate news.

        Reply
      24. Dayton says:
        11 years ago

        Thanks for this article, ” What Documents Does a Buyer Need to Buy Real Estate? “. I found it very helpful in my search. I just found out that you don’t need to be a citizen to purchase real estate in the US.

        Reply

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