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Deniece Watkins'
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Deniece Watkins Smith
Realtor
®, ePro, SRES
DRE#01295757

650-483-2055 Direct
650-887-2171 eFax


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OFFER ACCEPTANCE AND CONTINGENCIES

When you are being represented by an ethical Realtor®, such as myself, you will have contingencies in your offer. These contingencies are the "ifs".  For example, "I will make this offer for this amount of money, 'if' after full discovery of the conditions I present herein, I choose to continue with my offer."

Contingencies presented in your offer can include (but are not limited to):

Financing
- Getting the loan that you so choose in the time you indicate,

Lead Inspection - Inspection of the Lead Disclosure as filled out by the Seller and possible lead inspection report that the Seller provides or Buyer chooses to get

Property Condition, Title Documents and Other Contingencies
-
Includes review of all inspection reports (i.e. home inspection, roof inspection, chimney inspection, pool inspection, etc.),
Includes review of the preliminary title report including any covenants, conditions and restrictions (CC&Rs),
and includes other contingency reports you deem as part of your contract including a possible review of insurance claims history (CLUE Report), property appraisal, and other inspections.

  Even more contingencies and inspections can include *an environmental report, natural hazards disclosure statement, transfer disclosure statement, supplemental seller's checklist, termite inspection and more.  (*These are disclosures that are included as part of verbiage in the contract.)


Contingencies occur throughout the contract. Contingency removal is paragraph 8 of the PRDS contract (Version 05/2011).

Your offer will clearly define a time frame in which you will dedicate to the review of all contingency reports, then decide to commit to your offer, back out of your offer, or be liable to the seller for non-performance.

Here's an example of time frames:
January 1 - Offer made.  It says 10 days contingencies, 30 days to close escrow.
January 1 - January 11 - Buyer does a diligent job of discovering the true condition of the home to Buyer's standards and reading all documentation that is part of the sale. If Buyer finds something that is wrong with the home that was not known before, Buyer has the right to cancel the contract without penalty or renegotiate the contract, should the seller be willing to renegotiate.
January 11 - If buyer approves of the condition of the home and is satisfied with all documents, buyer removes contingencies (and becomes committed to the rest of the terms of the contract, or is liable for damages).

So you made an offer, removed contingencies,
and now the concern will be with funding the purchase and transferring ownership from the seller's name to yours.  We call that process escrow and title.

Escrow and Title.


Page Updated  06/11
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