Q13 Interview Sunday, May 13, 2007 with
Market updates, trends and conditions, developments, news and information - all things related to real estate in Seattle!
In the last couple of years we have seen a number of strategies to strengthen offers made on homes in order to win out in multiple-offer situations. Probably the most common is to do a “pre-inspection” of the property with a building inspector, then waive the Inspection contingency. This assures the Seller you will not just walk away after your inspection if you change your mind. There is now even a check box on the second page of the NWMLS Form 35 Inspection Contingency for the Buyer to acknowledge they are waiving the right to an inspection Contingency.
Recently in multiple-offer situations it’s become common to also waive the financing contingency to make the offer even stronger. This is often done even though the Buyer intends to get financing to purchase the home. While this has some value to the Seller, it also carries some risk for the Buyer. Perhaps more importantly, many agents are just removing the addendum without any further modifications or disclosures to the Seller and are potentially inadvertently putting their Buyers into fraudulent contracts.
In the fine print of the NWMLS Purchase and Sale Agreement it states, “Buyer represents that Buyer has sufficient funds to close this sale in accordance with this Agreement and is not relying on any contingent source of funds or gifts, except to the extent otherwise specified in this agreement.” So by just removing the 22A Financing Addendum, the Buyer is saying they do not need to get a loan, which is untrue.
The proper way to approach a financing waiver is to disclose that the Buyer is getting a loan and where the funds are coming from, while at the same time acknowledging that this is not a condition of the contract. In other words, if the Buyer is unable to obtain a loan they are forfeiting the right to use that as a reason to have their earnest money refunded.
Coldwell Banker Bain has generated a great form for this called the 22PNF, which is available to any member of the NWMLS under CB Bain’s company forms. However to date, I have never seen any other agents except Coldwell Banker Bain agents take the time to use this form or clarify this issue in their offer.
The wording also takes care of the need for the Buyer to have access to the property by their lenders appraiser, if needed. This wording would have been in the 22A Financing Addendum, if they had not removed it.
The information above is not intended to be legal advice and should not be construed as such. Please consult a licensed attorney regarding any legal matters.
Dustin Luther gives Blogging Presentation
As many of you know, Dustin has taken a job with move.com, the parent company of Top Producer and Realtor.com and moved to sunny southern
Dustin also spent a fair amount of time talking about online community networks and the interactive nature of newer web 2.0 websites and the value and synergy that they bring to blogging. MySpace, Linkedin and biznik and others were discussed and links, links, links, were emphasized. In the end, it was a Dustin gave a very thorough lecture of the basics of blogging, what it takes to get started, and why it is important in the world of real estate web marketing.
Why Workforce Housing Matters
The City of
The speaker series was kicked off with a presentation by Henry Cisneros, chairman of CityView and former HUD Secretary. Cisneros discussed the need to view housing as an essential component of a strong, healthy community. He was able to point to several trends and statistics that show it is increasingly difficult for working families to afford to stay in the city. He gave examples around the country of other areas where this is a problem, and other areas that have come up with some innovative solutions that have made a difference. This was an insightful evening that gave a macro-view of housing concerns and what a vibrant, healthy city needs to insure that the housing component is appropriate and not problematic.
2007 Puget Sound Economic Forecast*
These are the highlights of the annual growth and forecast report given by Mike Grady – President and Designated Broker of Coldwell Banker Bain at their annual award ceremony.
*Forecast derived from information from The State of Washington Department of Financial Management, The Real Estate Research Center at
The Coldwell Banker Bain Awards Ceremony was held today at McCaw Hall at
2nd + Pine development renamed to “1 Hotel and Residences”
It’s official. The much anticipated hotel brand name that is associated with Second + Pine has been decided. Starwood’s new addition to its already prestigious hotel line will be called “1” Hotel, and the Second + Pine project from here forward will be referred to as “1” Hotel and Residences. This will be their flagship hotel and will be the first luxury, eco-friendly global hotel brand. This planned to be above and beyond the LEED Certification level. Details to follow in Spring of 2007.