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Financing Contingency

The 2nd Most Important Date in a Home Sale

[Note to Readers: The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced.  If you need legal advice, please consult an attorney.] The most important date in a residential real estate deal? Easy: closing. So, what’s the second most important date? At...
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The 2nd Most Important Date in a Home Sale

The most important date in a residential real estate deal? Easy ” closing. So, what’s the second most important date? At least in Minnesota, the date that the Buyer’s Written Statement is due. See, ““You mean, there’s no deal AND they get their earnest money back?!?”.” Significance Up until that date, all the home Seller...
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“You mean, there’s no deal AND they get their earnest money back?!?”

Financing Contingency Pitfalls [Editor’s Note: The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced.  If you need legal advice, please consult an attorney.] One of the surprises lurking in the standard Minnesota Financing Addendum is the weaker of the two clauses addressing...
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The 2nd Most Important Date in a Home Sale

The most important date in a residential real estate deal? Easy ” closing. So, what’s the second most important date? At least in Minnesota, the date that the Buyer’s Written Statement is due.  See, “You Mean There’s No Deal, AND the Buyer Gets Their Earnest Money Back?!?” Significance Up until that date, all the home Seller...
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“You mean, there’s no deal AND they get their earnest money back??”

Financing Contingency Pitfalls One of the surprises lurking in the standard Minnesota Financing Addendum is the weaker of the two clauses addressing the Buyer’s financing. In layman’s terms, it says that if the closing date arrives and the Buyer’s financing falls through:  a) there’s no deal; and b) the Buyer gets their earnest money back. For...
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Financing Addendum: “Buyer Shall Apply For and Secure a Mortgage With an Initial Interest Rate of [ _________ ]”

Traps for the Unwary in an Environment of Rising Interest Rates In the vast majority of Financing Addenda I’ve seen — along with the Inspection Contingency, the two critical Addenda in a Purchase Agreement — the Buyer’s agent fills in the blank above with the word “market.” When rates are stable or falling . . . no problem....
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