List of Forms & Contracts

• Sales Contract:
  The sales contract identifies the property being sold and states the amount the Buyer will pay. The contract also describes the amount and type of mortgage loan the Buyer will need, and specifies the Buyer's rights to inspect the property.


• Seller's Disclosure:
  The disclosure statement provides a means for the Seller to inform the Buyer of known problems with the property as required by the state. This is done with a series of detailed questions.  The Seller must tell the Buyer what he or she knows but "don't know" is a perfectly acceptable answer.


• Offer to Purchase Agreement:
  The Offer to Purchase Agreement is a real estate sales contract designed to be used by a Buyer making an offer to purchase a home. There is no real difference between a purchase agreement and the sales contracts used by Sellers.


• Lead-based Paint Addendum:
  Sellers of homes built before 1978 are required to have the home inspected for lead based paint hazards. Many mortgage lenders also require the Seller to inform the Buyer of known lead based paint problems regardless of when the house was built.


• Escrow Agreement:
  Escrow agreements are used for the cash deposit ( "earnest money" deposit, or "binder") the Buyer traditionally submits along with an offer to purchase. The Buyer makes out a check to the Seller but gives the check to a third party stipulated in the Escrow Agreement.


• Homeowner's Association Disclosure:
  The Seller must tell the Buyer if Buyer will be required to join a homeowner's association. The Seller must also disclose all fees and restrictions imposed by the homeowner's association.


• Mold Condition Disclosure:
  Originally, only southern states required Sellers to tell Buyers what they knew about mold infestation, but as the mold problem spreads north, more states now require Sellers to fill out this form.


• Counter Offer:
  This is a mostly blank form that allows the Seller to specify the Offer to which he or she is responding, and write in changes that make that offer acceptable (as an alternative, the Seller may simply cross out unacceptable terms and return the original offer to the Buyer). A Buyer may use a Counter Offer to respond to the Seller.


• Certify Non-Foreign Status:
  The Internal Revenue Service requires Buyers to withhold taxes from the purchase price of homes sold by foreign persons. This is true in every state, but is enforced primarily in resort areas where foreign ownership is common. Sellers avoid the withholding requirement by getting Buyer's notarized statement that they are tax-paying Americans.


• General Amendment:
  This is essentially a blank form to provide space for the Seller and Buyer to specify terms not included in the Sales Contract or Offer to Purchase Agreement. In most cases, the new terms can be copied from our Special Stipulations form, or 'cut' and 'pasted into the blank space on the General Amendment.


• Special Stipulations:
  This is a plain text document with 24 clauses (paragraphs) that describe situations Sellers and Buyers often want to include in the contract. For instance, a Buyer may want to make the contract subject to approval of a father-in-law who is financing the purchase. These stipulations are in plain text format so they may easily be 'cut' and 'pasted' into the 'Special terms' section of the Sales Contract or into a General Amendment.


• Net to Seller Work-Sheet:
  Form to help estimate selling and closing costs and calculate how much cash the Seller will receive from the sale.


• Pre-qualification Form:
  Form to help the Seller determine if a particular Buyer can afford the property being sold.