Appraisal Contingency Addendum To Agreement Of Sale for the United States

Appraisal Contingency Addendum To Agreement Of Sale Template for United States

The Appraisal Contingency Addendum is a legal document used in United States real estate transactions that provides protection for buyers by making the purchase contingent upon the property appraising at or above the agreed-upon purchase price. This addendum supplements the main purchase agreement and outlines specific terms regarding the appraisal process, including timelines, rights of parties, and consequences if the property fails to appraise at value. It's particularly relevant in financed transactions where lenders require appraisals.

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What is a Appraisal Contingency Addendum To Agreement Of Sale?

The Appraisal Contingency Addendum To Agreement Of Sale is a critical document in U.S. real estate transactions, particularly in a market where property values may be volatile or when financing is involved. This document is typically used when buyers want to ensure they're not overpaying for a property and when lenders require appraisals as part of their financing requirements. It protects buyers from being contractually obligated to purchase a property that appraises below the agreed-upon price, while also providing clear procedures for all parties if such a situation occurs. The addendum is particularly relevant in states with active real estate markets or where property values fluctuate significantly.

What sections should be included in a Appraisal Contingency Addendum To Agreement Of Sale?

1. Parties: Identifies buyer, seller, and other relevant parties to the addendum

2. Background: References the original sale agreement and establishes the purpose of this appraisal contingency addendum

3. Definitions: Defines key terms used throughout the addendum including 'Appraisal', 'Appraised Value', and 'Contingency Period'

4. Appraisal Requirement: States the requirement for property appraisal and specifies who will obtain and pay for the appraisal

5. Appraisal Timeline: Establishes the deadline for obtaining and reviewing the appraisal

6. Contingency Terms: Details the conditions under which the sale may proceed or terminate based on appraisal results

7. Earnest Money Disposition: Specifies how earnest money will be handled if the contingency is exercised

What sections are optional to include in a Appraisal Contingency Addendum To Agreement Of Sale?

1. Second Appraisal Rights: Optional provision allowing parties to obtain a second appraisal if the first is unsatisfactory

2. Appraisal Gap Coverage: Optional provision where buyer commits to cover any difference between appraised value and purchase price

3. Renegotiation Terms: Optional section detailing the process for price renegotiation if appraisal comes in below purchase price

What schedules should be included in a Appraisal Contingency Addendum To Agreement Of Sale?

1. Appraisal Requirements Schedule: Detailed requirements and standards for an acceptable appraisal

2. Timeline Schedule: Detailed timeline for the appraisal process and related actions

3. Original Agreement Reference: Reference or attachment to the original sale agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

Equal Credit Opportunity Act (ECOA): Federal law that prohibits discrimination in lending practices, including appraisal-based decisions, on the basis of race, color, religion, national origin, sex, marital status, age, or participation in public assistance programs

Fair Housing Act: Federal legislation that protects against discrimination in housing-related transactions, including appraisals, based on protected characteristics such as race, color, religion, sex, disability, familial status, or national origin

Truth in Lending Act (TILA): Federal law requiring lenders to provide standardized information about credit and loan terms, including those related to appraisal requirements and conditions

Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA): Federal law that established guidelines for real estate appraisals in federally-related transactions and set standards for appraiser qualifications

Dodd-Frank Wall Street Reform and Consumer Protection Act: Federal legislation that includes provisions for appraisal independence requirements and establishes additional oversight of the appraisal industry

State Property Laws: State-specific laws governing real estate transactions, property rights, and transfer of real property that may affect appraisal contingency terms

State Real Estate Transaction Requirements: State-specific requirements for real estate transactions, including mandatory disclosures and specific contract provisions related to appraisals

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation that affect how appraisal contingency addenda are structured and enforced

State Appraiser Licensing Requirements: State-specific requirements for appraiser qualifications, licensing, and certification that must be considered in appraisal contingency provisions

Uniform Standards of Professional Appraisal Practice (USPAP): Professional standards and ethical rules for appraisers that govern how appraisals must be conducted and reported

Federal Housing Administration (FHA) Guidelines: Specific requirements for appraisals on FHA-insured loans that may need to be referenced in appraisal contingency addenda

VA Guidelines: Department of Veterans Affairs requirements for appraisals on VA-guaranteed loans that may need to be addressed in appraisal contingency provisions

Fannie Mae/Freddie Mac Requirements: Guidelines and requirements for appraisals on conventional loans that will be sold to these government-sponsored enterprises

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, including requirements related to appraisal fees and services

Statute of Frauds: Legal doctrine requiring certain contracts, including real estate contracts and their addenda, to be in writing and signed by the parties to be enforceable

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