你必须提供附录. TREC规则要求许可证持有人提供 买方出售其他财产的附录 给想以出售另一项财产为条件订立合同的买方. License holders are not allowed to write language into the Special Provisions Paragraph for situations that are covered by a TREC promulgated form, 如应急附录. 如果你的客户不想用附录, you should advise him to consult his attorney to draft language that will reflect his intention.
My client wants to purchase a property and make that contract contingent on the sale of his current home. 我是否必须在买方出售其他物业时使用附录, or can I just write this language in the Special Provisions Paragraph of the One to Four Family Residential Contract (Resale)?
Does a buyer always have to use the 买方出售其他财产的附录 if she is selling another property?
No. A buyer who can qualify for a loan without having to sell her other property doesn’t need to use the addendum. However, she can still use it if she wants to make the contract contingent on the sale of her other property.
Can a broker modify the 买方出售其他财产的附录 when a buyer wants to make the contract contingent on some other event, 例如转让或接收遗嘱认证收益?
No. 增编是为了一个特定的目的而起草的，即出售另一项财产. 将增编用于其他目的，须经律师修改. A broker who makes such modifications is likely engaging in the unauthorized practice of law.
If my buyer can’t pay a downpayment or qualify for a specified loan without selling his property first, 在买方出售其他财产时使用附录是否符合他的最佳利益?
Yes. 如果你的客户履行合同的能力(i.e.(完成交易)取决于另一项财产的完成 买方出售其他财产的附录 (TAR 1908, TREC 10-6)应成为合同的一部分. Otherwise, the buyer risks default under the contract if he fails to close because the sale of the other property doesn’t close. Default by the buyer could result in termination of the contract and the loss of earnest money. Alternatively, the seller could also take action to enforce specific performance or other remedies through the legal system, or both.
If a buyer waives the contingency under the 买方出售其他财产的附录, 然后无法关闭, 她拿回定金了吗?
No. 如果买家无法成交因为买家没有卖掉她的其他房产, 买方将违约. Paragraph D of the addendum states that if the buyer waives the contingency and 然后无法关闭 and fund because she did not receive the property’s proceeds, she is in default and the seller may exercise the remedies in Paragraph 15 of the sales contract. One of the remedies available to the seller is to terminate the contract and keep the earnest money.
My buyer client’s 买方出售其他财产的附录 gives him three days after receiving notice from the seller that she has accepted another offer to waive the contingency or his contract will automatically terminate. 合同中还有10天的终止权. Two days after the effective date, the seller notified my client that she accepted another offer. 我的委托人是否必须在三天内放弃附带权利, 或者在期权期结束之前，他是否可以放弃期权? 如果我的委托人放弃意外赔偿, 他是否仍可在10天内终止该选择权?
The time periods and rights provided under the contingency addendum and the termination option are completely independent. If the buyer doesn’t waive the contingency within the three days provided for in the addendum, 合同将自动终止. His right to terminate within the 10-day termination option period is not diminished by his election to waive the contingency.
My buyer received written notice by the seller that he requires my client to waive her contingency on the sale of her current property or the contract will terminate, 如增编所述. 她现在的房产出售一切顺利, so she decided to waive the contingency and gave timely written notice using Notices Regarding Contingency Under 买方出售其他财产的附录 (TAR 1912). Now, the seller wants my client to provide proof that the she can obtain her loan even if the sale of her current property doesn’t happen before our closing. 卖家能强迫我的客户这么做吗?
No. The 买方出售其他财产的附录 doesn’t require the buyer to provide evidence to support her decision to waive this contingency. The only requirements in the addendum are that the buyer notify the seller in writing within the time stated and deposit the additional earnest money with the escrow agent in a timely manner.
Buyers should consider the risks of waiving this contingency when they don’t already have the proceeds from the sale of another property. A buyer would be in default on her contractual obligations if she waives the contingency and then fails to close solely because she didn’t receive the sale proceeds.