SALE OF THE BUYER’S PROPERTY, KICK-OUTS AND BACKUPS
(Addendum of Clauses Paragraphs 12 through 15)
- Paragraph 12 allows Buyers to make purchase contingent upon receipt of a Contract for sale of their present residence(See Addendum of Clauses Parargraph 12C(i) for requirements)
- If Buyer already has a contract for sale and all contingencies other than financing have been removed, use Paragraph 14 (“Coinciding Settlements”)
- Once initial time period expires and Buyer neither satisfies nor removes the contingency, EITHER PARTY may declare contract void
- Seller Responsibilities:
- Continue to offer property for sale and accept backups per 12A;
- 1. Change MRIS Listing
- If a back-up is accepted, use Paragraph #13 with back-up Contract and provide primary Buyer with Notice to satisfy or remove Sale of Buyer's Property contingency within # of days agreed upon.
- If contingency is neither satisfied nor removed, obtain Release from primary Buyer and provide copy of signed Release to back-up Buyer(thereby making backup buyer primary)
- Seller may also continue to offer property per Paragraph 15 (“Option to Keep House on Market”) with other contingencies
- Buyer Responsibilities:
- List property with licensed broker and enter into MLS within 3 days at price not exceeding price referenced in Paragraph 12B of the Sale of Buyer's Property contingency;
- Upon receipt of ratified contract, Buyer may SATISFY the contingency by providing to Seller:
- copy of Contract with evidence that all contingencies other than financing have been removed; and
- providing a Prequalification letter for their Buyer as described in Paragraph 10
- If Buyer SATISFIES the contingency, contract remains contingent upon the sale of Buyer’s property
- except that settlement may not be delayed beyond agreed upon # of days(See Paragraph 12D)
- If Buyer does not receive a ratified contract, the Buyer may:
- Declare the contract Void; or
- REMOVE the contingency by providing to Seller:
- Lender’s letter stating Buyer’s purchase is not contingent on sale and Buyer has sufficient funds; or
- Evidence of ability to proceed without financing