Va Form 26-6705 - Offer To Purchase And Contract Of Sale - Veterans Benefits Administration Page 2
Download a blank fillable Va Form 26-6705 - Offer To Purchase And Contract Of Sale - Veterans Benefits Administration in PDF format just by clicking the "DOWNLOAD PDF" button.
Open the file in any PDF-viewing software. Adobe Reader or any alternative for Windows or MacOS are required to access and complete fillable content.
Complete Va Form 26-6705 - Offer To Purchase And Contract Of Sale - Veterans Benefits Administration with your personal data - all interactive fields are highlighted in places where you should type, access drop-down lists or select multiple-choice options.
Some fillable PDF-files have the option of saving the completed form that contains your own data for later use or sending it out straight away.
ADVERTISEMENT
1
2SECTION IV - CONDITIONS OF SALE
1. This Contract of Sale contains the final and entire agreement between the
SALES BROKER CERTIFICATION
parties hereto and they shall not be bound by any terms, conditions, statements, or
representations, oral or written, not contained in this contract. This Contract of
12. I, the undersigned sales broker, have received from the prospective purchaser
Sale is not assignable by the Purchaser(s).
(s) the deposit shown on the reverse which I am holding for the Department of
Veterans Affairs. I certify and agree that:
2. Funding Fee Notice: Title 38, U.S. Code, Section 3729 requires that VA collect
a. I am acting as Trustee of these funds which will be placed in my Trust
a funding fee from each person who obtains a vendee (VA/ Seller financed) loan
Escrow Account. If the purchase offer is not accepted by VA, the deposit
to purchase a VA-acquired property. This fee must be paid in cash or certified
shall be returned to the prospective purchaser(s), without interest.
funds at closing. The fee may not be collected from a veteran who is receiving
compensation (or who, but for the receipt of retirement pay would be entitled to
b. The statements of the prospective purchaser(s) shown on the reverse and in
receive compensation) or from a surviving spouse as described in 38 U.S.C. 3701
the attached credit statement, if required, are believed to be true and correct. I
(b)(2).
do not know of any loans, gifts, or financial assistance being made to the
prospective purchaser(s). I will disclose to VA any such information coming
3. Risk of loss or damage by fire or other causes is assumed by the Seller until the
to my attention if seller financing is involved.
sales transaction is closed.
c. The sales commission shall not be deemed earned unless and until the sale
4. Seller may rescind this contract and return the Purchaser's earnest money
is actually closed, and that the sales commission shall be payable in amount
deposit under any of the following conditions:
and time as established by the Service Provider. In addition, sales
a. The property is damaged prior to the date of closing.
commissions may not be payable, if the purchaser(s) or co-purchaser(s) is/are
a person having an identity of interest in one of the following categories:
b. The Seller is unable to deliver the property vacant if so advertised.
(1) Selling broker who has knowledge or has received a copy of either
the foreclosure or marketing appraisal;
c. The Seller is unable or unwilling to remove valid objections to title prior to
closing.
(2) Person who has control over marketing decisions has knowledge or
has received a copy of the marketing analysis;
d. The Seller has not, and is unable to timely acquire title to the property.
(3) Person who processes or evaluates offers;
e. The property is subject to outstanding redemption rights and such rights
(4) Spouses, parents, in-laws, children, stepchildren; brothers and sisters
are exercised. (In such cases the Seller shall be entitled to the redemption
of, and persons who reside with any of the above; and,
money and shall return to the Purchaser(s) all payments made by him/her to
(5) The identity of interest's partners, employees and sales associates.
the Seller on account of this sale, without interest, less the fair rental value.)
d. I am duly licensed to sell real estate by the appropriate governmental
f. Vendee financing is requested and the Seller determines the Purchaser(s)
agency in the area where this property is located.
is/are not (an) acceptable borrower(s).
e. Neither the broker nor any of his/her sales, management, or rental
5. The return of the earnest money deposited by the Purchaser(s) shall release the
personnel, employees, or others authorized to act for the broker will, in
Seller from any and all claims arising from this transaction.
violation of Title VIII of the Civil Rights Act of 1968 as amended (The Fair
Housing Act), or Executive Order 11063, decline to show or will
6. The seller may retain all or a portion of the earnest money deposited herewith
discriminate in the sale or rental of any property now or here after listed with
as liquidated damages if the Purchaser(s) refuse(s), or otherwise fails to perform
him/her. It is further agreed that the undersigned will:
in accordance with this Contract of Sale. Purchaser•'s failure to obtain mortgage
financing to complete the purchase will not be considered a failure to perform and
(1) Instruct the staff in the policies of nondiscrimination and applicable
the earnest money deposit will be returned if the Purchaser(s) can show he/she
laws;
reasonably and diligently pursued such financing without undue extensions of
(2) Prominently display the Fair Housing Poster in all offices in which
time.
sale or rental activity takes place;
7. Purchasers who request, but do not qualify for a VA Vendee (VA/Seller) loan
(3) Use the approved Equal Housing Opportunity logo, slogan, or
agree that the vendee loan processing fee will not be refunded.
statement in all advertising in conformance with Advertising guidelines
for Fair Housing;
8. If Vendee financing is requested, the Purchaser(s) will inform the Seller of any
changes in employment and/or financial position, including bankruptcy,
(4) When advertising VA-acquired properties located in predominantly
judgments, pending litigation, income tax liens, garnishments, and other similar
white areas, utilize any available minority media (solely or in addition to
matters.
other media); and,
(5) Maintain a nondiscriminatory hiring policy in affirmatively
9. Closing shall be as soon as possible and within a reasonable time after
recruiting from both minority and majority groups for staff.
indication by the Seller of readiness to close. Seller will indicate place of closing
for Vendee financed loans. Purchaser(s) agree(s):
f. Non-compliance by the broker or any employee of his or her organization
a. To pay sufficient money at closing, as determined by an escrow analysis as
with the laws, executive orders, or regulations, against discrimination in the
required by Title 24 CFR 3500, for Seller to properly establish escrow
sale or rental of any property, or with this certification will be proper basis
accounts to pay taxes, assessments, ground rents (if any), and hazard and
for barring the undersigned from participation in the program of selling,
flood insurance required by the Seller.
renting, or managing HUD or VA owned properties. I also understand that
such determination of debarment by either HUD or VA shall be honored by
b. To pay monthly, in addition to the monthly installments of principal and
both.
interest shown for seller-financed sales, 1/12 of the annual charges that the
Seller reasonably anticipates paying from the escrow account for hazard
insurance, ground rents (if any), and any and all taxes and assessments now
PURCHASER(S) CERTIFICATIONS
or hereafter levied against the property, in order that the Seller may pay such
13. I offer to purchase the property herein described at the price and terms shown
charges when due.
on the reverse, subject to all the applicable conditions of this Contract of Sale
shown above and on the reverse which I have read and which constitute part of
c. To pay for any examination of title or continuation of policies as he/she
my offer. I understand this property is subject to prior sale, change of price or
may require, documentary stamps on the deed of conveyance by the Seller
withdrawal from the market, and to approval and acceptance by the Department
and on all other closing instruments, recording taxes, recording fees, and any
of Veterans Affairs Service Provider.
other expenses incidental to the closing. Copies of any title evidence in the
possession of the Seller will be made available to the Purchaser(s) for
14. Neither I, nor anyone authorized to act for me, will refuse to sell or rent, after
examination upon request. Said evidence will be delivered to Purchaser(s)
the making of a bona fide offer, or refuse to negotiate for the sale or rental of,
when loan is paid in full.
otherwise make unavailable or deny the dwelling or property covered by this offer
to purchase to any person because of race, color, religion, sex, familial status or
d. That all assessments, rents (if any), ground rents (if any), and taxes shall
national origin. I recognize that any restrictive covenant on this property relating
be prorated as of the closing date, and the purchaser(s) will assume all taxes,
to race, color, religion, sex, familial status, or national origin is illegal and void
assessments, and ground rents (if any), due on and after the closing date.
and any such covenant is hereby specifically disclaimed. I understand that civil
action for preventative relief may be brought by the Attorney General of the
e. To furnish hazard insurance (and flood insurance if required) policies
United States in any appropriate U.S. District Court against any person
satisfactory to the Seller, with loss-payable clauses in favor of the Seller,
responsible for the violation of the applicable law.
successors or assigns. Policies will be effective as of the closing date and will
be delivered to the Seller at closing along with receipts for the payment of the
first year premium.
10. The Seller/Service Provider will prepare, the instruments required for closing
the sale. At that time, the Seller/Service Provider, at the Seller/Service Provider's
option, will deliver the deed of conveyance. The deed will contain a covenant
which warrants against the acts of the Seller/Service Provider and all claiming by,
through, or under him or her conveying good title to said real estate subject to
easements, restrictions, and agreements of record. In a sales transaction financed
by VA, the deed will be delivered simultaneously with the execution and delivery
by the Purchaser(s) to the Seller/Service Provider of a mortgage, or deed of trust,
and note covering the balance of the purchase price. In a cash sales transaction,
the deed will be delivered simultaneously with the balance of the purchase price.
11. This sale is subject to the rights of any parties in possession.
VA FORM 26-6705, OCT 2014
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Legal