Help with writing a non standard offer on a property

[Scott Hughes]

I have a question or two for those who write offers often.

Here's the scenario: I want to put in an offer on a 2/2 condo that is rent ready. The asking $ is 76K, however, I had my realtor comp it and it came back at $58K, I know that that is subjective, and the market dictates the price, yada yada. My concern is that my financing will obviously not finance more than the appraised value of it, and I'm not going to come out of pocket for the difference.

My thought: So I heard of a offer strategy that may preserve the possibility of making a deal if the appraisal comes back low, versus just pulling out altogether. That is, I want to offer 2K above asking (because of this insane market) and have a contingency that I would pay 2K above appraisal if it came back lower than asking price.

My Problem: BTW, this is an ON-market deal. My realtor, and her BIC do not know how to write that into the offer. They want me to have my lawyer draft an addendum to include with it. So, I was wondering from the group mind if anyone knows hoe to phrase this in an offer. Has some kind of template addendum to write "non-standard" offers, or any other guidance.

The details: This is, BTW, a North Carolina property. I have googled this and checked the state real estate assoc. site.

Thanks for any help.

[Darius Ogloza]

This isn't hard but your agent will almost certainly require that you vet the language with a North Carolina licensed attorney, as you definitely should.  

What you seem to be offering is that you "will pay x for the property [where x is $2K more than the list price] unless the property appraises for a lower amount, upon which event you will pay y [where y is $2K above the appraised value].  Independent appraiser to be selected by [your bank/financing source] in its independent judgment, and both parties agree to be bound by the value stated in the appraisal." 

This is NOT intended to be legal advice but merely an attempt to point you in the right direction.