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The Seller is issuing 3 counter offers. The SMCO to the second Buyer must be this number.
What is SMCO 1?
This is the first line of dispute resolution that the parties to the RPA automatically agree to.
What is Mediation? (27)
This is the party responsible for payment of any cost of a home warranty plan that exceeds the amount allocated to Seller in paragraph 3Q18.
Who is the Buyer? (RPA 10C1)
This is the handy little form used when a Seller remains in possession after close for up to 29 days.
What is the Seller in Possession Addendum? (3M(2))
The RPA specifically notes that these general categories of items are NOT included in the price unless written in the contract.
What is items in the MLS and marketing materials? (RPA 9A)
3 of 4 parties initialed the Liquidated Damages Clause. The intent was to incorporate this clause. This is the fix.
What is a Counter Offer or Addendum must be issued?
If all parties agree to Liquidated Damages, this is the most that the Seller can retain in the event of Buyer default.
What is the deposit actually paid, and no more than 3% if the property will be owner occupied? Release of funds requires mutual signed release instructions. (26)
This is the RPA box to check if the Buyer will be asking the Seller to pay the Buyer's obligation to compensate the Buyer's Broker.
What is 3G(3)?
If any adults other than the Seller are living in the property at the time of Acceptance, even if they plan to be out, this form needs to be included in the RPA or disclosed in a counter by the Seller.
What is the Tenant Occupied Property Addendum? (7A)
This is the condition that any brackets attached to walls, floors or ceilings must be left upon Seller vacancy.
What is removed, and holes or other damage repaired, but not painted? (RPA 9C)
The Seller is countering the purchase price. This action must be taken if the seller wishes to change the amount of the EMD.
What is counter it? The down payment and loan amount will be adjusted in the same proportion as the original offer, but the $ amount of EMD shall remain unchanged.
This is a financial result if a party commences an action without first attempting to resolve the matter through mediation.
What is that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action? (27A)
These are the two most common and expensive point of sale ordinances.
The Seller is remaining in possession after COE. This is when the SIP & RLAS note the Buyer will get the keys.
What is at COE?
These items related to windows are automatically included in the purchase price (name 3).
What are screens, awnings, blinds, curtains, draperies, shutters, any window coverings, associated hardware and rods? (RPA 9B(2))
The Seller made 2 SMCOs; both Buyers accepted. The LA gave verbal acceptance to one. A higher offer came in. These are the Seller's options.
What is accept any of the offers in writing?
These matters are excluded from mediation and arbitration. (name at least 2)
What are probate, small claims court, bankruptcy, unlawful detainer, foreclosure? (28B)
This is when Repairs must be completed.
What is prior to final verification of property condition unless otherwise agreed? (15)
The buyer has a loan. This is the maximum timeline generally allowed by a lender for a Seller to remain in possession.
What is 60 days?
The Seller must provide these keys to the property.
What is keys, and/or means to operate ALL locks included in the purchase price? (RPA 7F)
If a Buyer has been countered into a back-up position, she must receive this evidence be in first position to purchase.
What is written cancellation of any prior contracts and related escrows between Seller and other buyers?
By agreeing to Arbitration, these are the rights the parties are giving up (name 2).
What is any rights to have the dispute litigated in a court or jury trial, as well as judicial rights to discovery and appeal? (28E)
The property is sold in this condition, subject to Buyer's investigation rights.
What is "as is" as of date of Acceptance? (7B)
This is the sole remedy for the Buyer should the Seller be unable to remove existing tenants by COE if the property is to be delivered vacant.
What is cancel the contract, be reimbursed for reasonable expenses (reports, appraisal fees), OR elect to proceed with the Tenant in possession?
The Seller has left items behind that the Buyer did not request in the RPA. This is the process to get them removed.
What is deliver a written notice to remove them in 3 days, pay to have items removed, bring legal action against Seller for reasonable costs? (7B)