A Look at Paragraph 8-B of the FR/BAR Contract
Marlen Rodriguez, President HomePartners Title Services |
When it comes to the execution of a real estate contract,
one of the most important things you have to do is keep your client’s money
safe. Did you know that many buyers who lose their escrow deposit do so because they did
not track and follow the requirements of the sales contract? Mortgage
contingencies do not automatically mean that if a buyer doesn’t obtain financing,
they receive a return of their deposit.
The FR/BAR contract requires both application and diligence
by the buyer (and by you, their Realtor®). The contract also requires that the buyer notify the seller prior
to the loan approval due date if they have not been able to secure financing.
This is the window for either requesting termination and a return of the deposit
or requesting an extension of the due date.
If the due date comes and goes and the buyer fails to notify
the seller, the contract treats that lack of action as moving forward toward
closing. Then, if the closing does not occur on the closing date, the deposit
may be forfeited. Another important feature of this provision is – should the
buyer fail to notify the seller as required, then for 3 days after the loan
approval due date, the seller may choose to terminate the contract.
Why would they do so? The seller may want to work with
another buyer for more money or perhaps to a cash buyer. It’s important to
provide these guidelines to your buyers and sellers so that they know their
responsibilities under the contract. You can find these guidelines in paragraph8-B in the FR/BAR contract. This provision is also SO important that you should
review it on a regular basis.
HomePartners Title and our Legal Counsel, Rose Sheehan,
provide contract training for Realtors® on a regular basis. Be sure to inquire about the next
training in your area.
Visit HomePartnersTitle.com for any and all of your title needs!