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Category: Dear Forms Committee

Dear Forms Committee: I have a signed listing, but it is excluded from the MLS. The buyer’s agent and brokerage want some written confirmation of BAC from the seller. What is the best way to provide that?

Dear Forms Committee: I have a signed listing, but it is excluded from the MLS. The buyer’s agent and brokerage want some written confirmation of BAC from the seller. What is the best way to provide that?

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A multiple listing service is not just a detailed list of properties that are for sale.  Each brokerage that subscribes to an MLS promises to follow all MLS rules, including the rule that requires each subscribing brokerage to pay the Buyer’s Agent’s Commission to the

Dear Forms Committee: Why isn’t there an option for possession at recording in the OREF sale agreements?

Dear Forms Committee: Why isn’t there an option for possession at recording in the OREF sale agreements?

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  Since there is no consistent communication medium in every transaction, there is no way to contractually agree that all parties will be made aware of when recording occurs simultaneously. Parties can agree to this change in the “Additional Provisions” section if needed, but be

Dear Forms Committee: Are there different time periods for inspection contingencies and other types of due diligence contingencies in OREF C-501 – Commercial Sale Agreement?

Dear Forms Committee: Are there different time periods for inspection contingencies and other types of due diligence contingencies in OREF C-501 – Commercial Sale Agreement?

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In OREF C-501 – Commercial Sale Agreement, the inspection and due diligence period are the same. In Section 8 (lines 128-135), you will find that this period allows the buyer time to complete and review inspections, business documents, leases, and any other due diligence. In

Dear Forms Committee: If the septic tank pumping/cleaning and inspection happen on the same day, when does the 10-day inspection period start?

Dear Forms Committee: If the septic tank pumping/cleaning and inspection happen on the same day, when does the 10-day inspection period start?

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If the seller is performing pre-inspection services, under lines 30-32 of OREF 081 – Septic Onsite Sewage System Addendum, the buyer has ten days after the seller provides notice that the pre-inspection services are complete to conduct septic inspections and negotiations. The review period starts

Dear Forms Committee: If I represent the buyer and the seller is unrepresented, should I fill out the offer presentation line of the Sale Agreement when I present my buyer’s offer to the seller?

Dear Forms Committee: If I represent the buyer and the seller is unrepresented, should I fill out the offer presentation line of the Sale Agreement when I present my buyer’s offer to the seller?

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In instances where the seller is not represented, there is no requirement for an agent to document delivery to the seller. Therefore, this line does not need to be filled in. But remember to use OREF 100 – Unrepresented Party Acknowledgement, to document the fact

Dear Forms Committee: The seller’s agent is asking me to provide the seller with a copy of the home inspection report. Do I have to provide it?

Dear Forms Committee: The seller’s agent is asking me to provide the seller with a copy of the home inspection report. Do I have to provide it?

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According to Section 10 of OREF – 001 Residential Real Estate Sale Agreement, if the buyer checks the box for Licensed Professional Inspections or the box for Alternative Inspection Procedures (intending to use OREF – 058 Professional Inspection Addendum), then they have agreed to provide the

Dear Forms Committee: If my buyer is writing an offer contingent on funds received from the sale of an existing property, what forms should be included?

Dear Forms Committee: If my buyer is writing an offer contingent on funds received from the sale of an existing property, what forms should be included?

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If the buyer’s purchase of the property is contingent upon the buyer obtaining funds from the sale of an existing property, the buyer should identify that contingency in Section 4 of the Sale Agreement. The buyer should also include OREF 083 – Buyer’s Contingent Right

Dear Forms Committee: Why do OREF forms use the term “agent” to describe the Realtor® in a transaction instead of “broker?”

Dear Forms Committee: Why do OREF forms use the term “agent” to describe the Realtor® in a transaction instead of “broker?”

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There are several reasons that OREF has taken this approach when creating and revising our forms.   The primary reason is that when a form refers to an agent, it means the licensee representing the client. As you know, that licensee can have one of