Listing broker mandates an addendum

[Sam Leon]

I have a short sale offer where the listing broker is insisting on the me the buyer to sign an addendum before he would present my offer to the buyer.

Usually I have seen seller's attorney dictating some verbage on a counter.

In some cases I have seen the listing broker add in an clause, typically when a short sale negotiation fee is required.

But this broker is asking for a whole new page to be added into the contract containing many items. Most of them I don't have an issue except this one.

"Agreed sales price to include unpaid by bank liens, taxes, attorney, closing, processing and or related pertinent fees"

I am not even sure what this means. The standard contract we use in Florida has very specific languages on who's to pay for what...

CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:
105* (a) COSTS TO BE PAID BY SELLER:

• Documentary stamp taxes and surtax on deed, if any
• HOA/Condominium Association estoppel fees
• Owner’s Policy and Charges (if Paragraph 9(c)(i) is checked)
• Recording and other fees needed to cure title
• Title search charges (if Paragraph 9(c)(iii) is checked)
• Seller’s attorneys’ fees
• Other:

106 If, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11
107 a sum equal to 125% of estimated cost to meet the AS IS Maintenance Requirement shall be escrowed at
108 Closing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller shall
109 pay such actual costs. Any unused portion of escrowed amount shall be returned to Seller.
110* (b) COSTS TO BE PAID BY BUYER:

• Taxes and recording fees on notes and mortgages
• Loan expenses
• Recording fees for deed and financing statements
• Appraisal fees
• Owner’s Policy and Charges (if Paragraph 9(c)(ii) is checked)
• Buyer’s Inspections
• Survey (and elevation certification, if required)
• Buyer’s attorneys’ fees
• Lender’s title policy and endorsements
• All property related insurance
• HOA/Condominium Association application/transfer fees

and the broker is trying to nullify all this with a "Agreed sales price to include unpaid by bank liens, taxes, attorney, closing, processing and or related pertinent fees"?

Anyone care to interpret what this means?

In my previous experience, the seller doesn't want to pay a penny, for obvious reasons. Most of the typical seller's costs and fees are therefore either absorbed by the bank, it's none of my business. If the bank insists on a certain net, then the only "slack" there is to play with is either a reduction of commission or an increase in the sale price which comes back to the buyer to say yes or no. This clause sounds really muddy to me.