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Updated almost 6 years ago on . Most recent reply

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Joseph Ayala
  • New Britain, CT
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What does this mean on a “contract to purchase real estate”

Joseph Ayala
  • New Britain, CT
Posted

I’m not clear on what this means on a “Contract to purchase real estate “ can someone explain this to me .

“Buyer obtaining real estate mortgage for no less than ______ payable over ______ years with interest not to exceed _____% at customary terms with a firm commitment thereto within _____days hereof “

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Charlie MacPherson
  • China, ME
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Charlie MacPherson
  • China, ME
Replied

@Joseph Ayala It sounds like a financing contingency, which is a standard part of an offer or P&S.

It will say something like this; "This offer is contingent on the buyer obtaining a mortgage at prevailing terms and conditions.  In the event that the buyer is unable to obtain financing, all deposits shall be returned to the buyer forthwith".  Except in your case, it sounds like the contract specifies the precise terms of the mortgage.

The second part details the extent of your mortgage contingency.  Ours say something like: "Buyer must obtain a commitment from a lender by [date], or the buyer will be entitled to a refund of their deposits.   For this provision to take effect, the buyer must submit an application to a lender by [date].  

That's loosely the language we use, but it's pretty close.  I'm not licensed in CT, so it's possible that there's some weird twist there that I'm not aware of.

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