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Dear Forms Committee: If my buyer provided a pre-approval letter with their offer, can they switch lenders later to get a better interest rate?

In the Buyer’s Obligations Regarding Financing section of the Sale Agreement, the buyer promises in item (d) not to replace the lender or loan program without the seller’s written consent. If the buyer wants to switch lenders or loan types (for example, Conventional to VA), the seller must consent to that change in writing, which can be done using a standard addendum.  If the buyer wants to be able to switch lenders or loan types without consent, the buyer’s agent should add that to Section 9 (Additional Financing Provisions).  When presented with such a request, the seller’s agent should discuss with the seller the delay that switching lenders could cause.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.