The NWMLS Form 21, also known as the Residential Purchase & Sale Agreement, is a crucial document used in real estate transactions within the Northwest Multiple Listing Service region, specifically for the buying and selling of residential properties. This form outlines the terms and conditions agreed upon by both the buyer and seller, including aspects such as the purchase price, property description, included items, and closing details. With its comprehensive structure, the NWMLS Form 21 ensures clarity and legal safeguarding for all parties involved in the transaction. To facilitate a smooth real estate purchase process, consider carefully reviewing and filling out the NWMLS Form 21 by clicking the button below.
In the often complex and dynamic arena of residential real estate transactions, the Form 21, or the Residential Purchase & Sale Agreement provided by the Northwest Multiple Listing Service (NWMLS), occupies a critical role, establishing the foundational framework for negotiations and the eventual transfer of property ownership. This comprehensive document, last revised in August 2011, meticulously outlines the specific terms and conditions under which a property sale occurs between a buyer and a seller, covering a wide array of considerations from the identification of the parties involved, to the description and price of the property, along with the obligations for earnest money deposits, default provisions, and the allocation of closing costs. It further delves into various stipulations regarding the condition of the title, included items within the property sale, adjustments for property taxes, and the vital roles of closing agents and title insurance companies. This agreement not only facilitates a smooth transition of property ownership but also ensures that both buyer and seller are well-informed of their rights and responsibilities throughout the transaction process. By navigating through earnest money arrangements, default consequences, and closing conditions, among other elements, Form 21 offers a comprehensive guide that seeks to balance the interests of all parties involved and safeguard the integrity of the residential real estate transaction process.
Form 21
©Copyright 2011
Residential Purchase & Sale Agreement
Northwest Multiple Listing Service
Rev. 8/11
ALL RIGHTS RESERVED
Page 1 of 5
RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT
SPECIFIC TERMS
1. Date: __________________________________________ MLS No.:
__________________________________
2.Buyer: _____________________________________________________________________________________
3.Seller: ______________________________________________________________________________________
4. Property: Tax Parcel No(s).: ____________________________________ ( ______________________County)
Street Address: ___________________________________________________ Washington ________________
Legal Description: Attached as Exhibit A.
5.Included Items: stove/range; refrigerator; washer; dryer; dishwasher; hot tub; fireplace insert;
wood stove; satellite dish; security system; other ___________________________________________
6.Purchase Price: $_____________________________________________________________________________
7.Earnest Money: (To be held by Selling Firm; Closing Agent)
Personal Check: $______________; Note: $______________; Other ( ________________ ): $ _______________
8.Default: (check only one) Forfeiture of Earnest Money; Seller’s Election of Remedies
9.Title Insurance Company: _____________________________________________________________________
10.Closing Agent: a qualified closing agent of Buyer’s choice; _______________________________________
11.Closing Date: ________________________________________________________________________________
12.Possession Date: on Closing; Other _________________________________________________________
13.Offer Expiration Date: _________________________________________________________________________
14.Services of Closing Agent for Payment of Utilities: Requested (attach NWMLS Form 22K); Waived
15.Charges and Assessments Due After Closing: assumed by Buyer; prepaid in full by Seller at Closing
16.Agency Disclosure: Selling Broker represents: Buyer; Seller; both parties; neither party
Listing Broker represents: Seller; both parties
17.Addenda: ___________________________________________________________________________________
____________________________________________________________________________________________
______________________________________________
____________________________________________
Buyer’s Signature
Date
Seller’s Signature
Buyer’s Address
Seller’s Address
City, State, Zip
Phone No.
Fax No.
Buyer’s E-mail Address
Seller’s E-mail Address
Selling Firm
MLS Office No.
Listing Firm
Selling Firm’s Assumed Name (if applicable)
Listing Firm’s Assumed Name (if applicable)
Selling Broker (Print)
MLS LAG No.
Listing Broker (Print)
Firm Fax No.
Selling Broker’s E-mail Address
Listing Broker’s E-mail Address
Page 2 of 5
GENERAL TERMS
Continued
a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless
1
otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance
2
with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other
3
property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement.
4
b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance of this Agreement to
5
Selling Broker who will deposit any check to be held by Selling Firm, or deliver any Earnest Money to be held by Closing
6
Agent, within 3 days of receipt or mutual acceptance, whichever occurs later. If the Earnest Money is held by Selling
7
Firm and is over $10,000.00 it shall be deposited into an interest bearing trust account in Selling Firm’s name provided
8
that Buyer completes an IRS Form W-9. Interest, if any, after deduction of bank charges and fees, will be paid to Buyer. 9
Buyer shall reimburse Selling Firm for bank charges and fees in excess of the interest earned, if any. If the Earnest
10
Money held by Selling Firm is over $10,000.00 Buyer has the option to require Selling Firm to deposit the Earnest
11
Money into the Housing Trust Fund Account, with the interest paid to the State Treasurer, if both Seller and Buyer so
12
agree in writing. If the Buyer does not complete an IRS Form W-9 before Selling Firm must deposit the Earnest Money
13
or the Earnest Money is $10,000.00 or less, the Earnest Money shall be deposited into the Housing Trust Fund 14
Account. Selling Firm may transfer the Earnest Money to Closing Agent at Closing. If all or part of the Earnest Money is
15
to be refunded to Buyer and any such costs remain unpaid, the Selling Firm or Closing Agent may deduct and pay them
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therefrom. The parties instruct Closing Agent to provide written verification of receipt of the Earnest Money and notice of
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dishonor of any check to the parties and Brokers at the addresses and/or fax numbers provided herein.
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Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest
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Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 20
If either party fails to execute the release form, the other party may make a written demand to the Closing Agent for the
21
Earnest Money. If only one party makes such a demand, Closing Agent shall promptly deliver notice of the demand to
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the other party. If the other party does not object to the demand within 10 days of Closing Agent’s notice, Closing Agent
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shall disburse the Earnest Money to the party making the demand. If Closing Agent complies with the preceding 24
process, each party shall be deemed to have released Closing Agent from any and all claims or liability related to the
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disbursal of the Earnest Money. The parties are advised that, notwithstanding the foregoing, Closing Agent may require
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the parties to execute a separate agreement before disbursing the Earnest Money. If either party fails to authorize the
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release of the Earnest Money to the other party when required to do so under this Agreement, that party shall be in
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breach of this Agreement. Upon either party’s request, the party holding the Earnest Money shall commence an 29
interpleader action in the county in which the Property is located. For the purposes of this paragraph, the term Closing
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Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader
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action to deduct up to $500.00 for the costs thereof.
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c.Included Items. Any of the following items, including items identified in Specific Term No. 5 if the corresponding box is 33 checked, located in or on the Property are included in the sale: built-in appliances; wall-to-wall carpeting; curtains, 34 drapes and all other window treatments; window and door screens; awnings; storm doors and windows; installed 35 television antennas; ventilating, air conditioning and heating fixtures; trash compactor; fireplace doors, gas logs and gas 36 log lighters; irrigation fixtures; electric garage door openers and remotes; water heaters; installed electrical fixtures; 37
lighting fixtures; shrubs, plants and trees planted in the ground; all bathroom and other fixtures; and all associated
38
operating equipment. If any of the above Included Items are leased or encumbered, Seller shall acquire and clear title at
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or before Closing.
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d.Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 41 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 42 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 43 unduly interfering with Buyer’s reasonable use of the Property; and reserved oil and/or mining rights. Monetary 44 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 45
conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer’s interest in a Real Estate
46
Contract, the Statutory Warranty Deed shall include a buyer’s assignment of the contract sufficient to convey after
47
acquired title.
48
e.Title Insurance. Seller authorizes Buyer’s lender or Closing Agent, at Seller’s expense, to apply for the then-current 49 ALTA form of Homeowner’s Policy of Title Insurance for One-to-Four Family Residence, from the Title Insurance 50 Company. If Seller previously received a preliminary commitment from a Title Insurance Company that Buyer declines 51 to use, Buyer shall pay any cancellation fees owing to the original Title Insurance Company. Otherwise, the party 52 applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. If the Title Insurance 53 Company selected by the parties will not issue a Homeowner’s Policy for the Property, the parties agree that the Title 54 Insurance Company shall instead issue the then-current ALTA standard form Owner’s Policy, together with 55 homeowner’s additional protection and inflation protection endorsements, if available. The Title Insurance Company 56 shall send a copy of the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary 57 commitment, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and 58 Exceptions in the Policy and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be 59
Initials: BUYER: _________________
Date: _____________
SELLER: ________________
Date: ___________
BUYER: _________________
Page 3 of 5
made so insurable prior to the Closing Date, then as Buyer’s sole and exclusive remedy, the Earnest Money shall,
60
unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described
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in this Agreement, and this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance
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or damages as a consequence of Seller’s inability to provide insurable title.
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f.Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. If the Closing Date falls 64 on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, 65 the Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when 66 the county recording office is closed. “Closing” means the date on which all documents are recorded and the sale 67 proceeds are available to Seller. Seller shall deliver keys and garage door remotes to Buyer on the Closing Date or on 68 the Possession Date, whichever occurs first. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. 69 Seller shall maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to 70 possession. If possession transfers at a time other than Closing, the parties agree to execute NWMLS Form 65A 71
(Rental Agreement/Occupancy Prior to Closing) or NWMLS Form 65B (Rental Agreement/Seller Occupancy After
72
Closing) (or alternative rental agreements) and are advised of the need to contact their respective insurance companies
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to assure appropriate hazard and liability insurance policies are in place, as applicable.
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g.Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 75 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 76 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys’ fees and 77 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 78
party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a
79
Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the
80
purposes of completing a reverse exchange.
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h.Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 82 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 83 and lienable homeowner’s association dues shall be prorated as of Closing. Buyer shall pay Buyer’s loan costs, 84 including credit report, appraisal charge and lender’s title insurance, unless provided otherwise in this Agreement. If any 85 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 86 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 87 prior to Closing, Seller obtains a written statement as to the quantity and current price from the supplier. Seller shall pay 88 all utility charges, including unbilled charges. Unless waived in Specific Term No. 14, Seller and Buyer request the 89
services of Closing Agent in disbursing funds necessary to satisfy unpaid utility charges in accordance with RCW 60.80
90
and Seller shall provide the names and addresses of all utilities providing service to the Property and having lien rights
91
(attach NWMLS Form 22K Identification of Utilities or equivalent).
92
Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or
93
other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that
94
are encumbrances at the time of Closing, or that are or become due on or before Closing. Charges levied before
95
Closing, but becoming due after Closing shall be paid as agreed in Specific Term No. 15.
96
i.Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 97
terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone
98
else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies,
99
and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 100
and copies of documents concerning this sale.
101
j.FIRPTA - Tax Withholding at Closing. The Closing Agent is instructed to prepare a certification (NWMLS Form 22E or 102
equivalent) that Seller is not a “foreign person” within the meaning of the Foreign Investment In Real Property Tax Act. 103 Seller shall sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, 104
Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service.
105
k.Notices. In consideration of the license to use this and NWMLS's companion forms and for the benefit of the Listing 106 Broker and the Selling Broker as well as the orderly administration of the offer, counteroffer or this Agreement, the 107 parties irrevocably agree that unless otherwise specified in this Agreement, any notice required or permitted in, or 108 related to, this Agreement (including revocations of offers or counteroffers) must be in writing. Notices to Seller must be 109 signed by at least one Buyer and shall be deemed given only when the notice is received by Seller, by Listing Broker or 110 at the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and shall be deemed 111 given only when the notice is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. Receipt by 112 Selling Broker of a Form 17, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards, Public 113 Offering Statement or Resale Certificate, homeowners’ association documents provided pursuant to NWMLS Form 114 22D, or a preliminary commitment for title insurance provided pursuant to NWMLS Form 22T shall be deemed receipt 115 by Buyer. Selling Broker and Listing Broker have no responsibility to advise of receipt of a notice beyond either phoning 116 the party or causing a copy of the notice to be delivered to the party's address shown on this Agreement. Buyer and 117
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Seller must keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification 118
of receipt of a notice.
119
l.Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 120 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 121 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 122 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 123 Saturday, Sunday or legal holiday. Any specified period of 5 days or less shall not include Saturdays, Sundays or legal 124 holidays. If the parties agree that an event will occur on a specific calendar date, the event shall occur on that date, 125 except for the Closing Date, which, if it falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day 126 when the county recording office is closed, shall occur on the next day that is not a Saturday, Sunday, legal holiday, or 127 day when the county recording office is closed. If the parties agree upon and attach a legal description after this 128 Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual 129
acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than 130
on the date the legal description is attached. Time is of the essence of this Agreement.
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m.Facsimile and E-mail Transmission. Facsimile transmission of any signed original document, and retransmission of 132 any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the 133
Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document. E-mail 134 transmission of any document or notice shall not be effective unless the parties to this Agreement otherwise agree in 135
writing.
136
n.Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 137 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 138
be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 139
electronic form has the same legal effect and validity as a handwritten signature.
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o.Assignment. Buyer may not assign this Agreement, or Buyer’s rights hereunder, without Seller’s prior written consent, 141 unless the parties indicate that assignment is permitted by the addition of “and/or assigns” on the line identifying the 142
Buyer on the first page of this Agreement.
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p.Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 144
provision, as identified in Specific Term No. 8, shall apply:
145
i.Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 146 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 147
ii.Seller’s Election of Remedies. Seller may, at Seller’s option, (a) keep the Earnest Money as liquidated damages 148 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller’s actual 149
damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 150
any other rights or remedies available at law or equity.
151
q.Professional Advice and Attorneys’ Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 152 certified public accountant to review the terms of this Agreement. Buyer and Seller agree to pay their own fees incurred 153
for such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing 154
party is entitled to reasonable attorneys’ fees and expenses.
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r.Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 156 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a 157
signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 158
accepted, it shall lapse and any Earnest Money shall be refunded to Buyer.
159
s.Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of the Seller’s 160 name, shall be considered a counteroffer. If a party makes a counteroffer, then the other party shall have until 9:00 p.m. 161 on the counteroffer expiration date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not be 162
effective until a signed copy is received by Seller, by Listing Broker or at the licensed office of Listing Broker. If the 163
counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer.
164
t.Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 165
offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 166
unless sooner withdrawn.
167
u.Agency Disclosure. Selling Firm, Selling Firm’s Designated Broker, Selling Broker’s Branch Manager (if any) and 168 Selling Broker’s Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 169 Firm’s Designated Broker, Listing Broker’s Branch Manager (if any), and Listing Broker’s Managing Broker (if any) 170 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 171 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 172
Page 5 of 5
(if any), and Managing Broker (if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 173 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 174 Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All 175
parties acknowledge receipt of the pamphlet entitled “The Law of Real Estate Agency.”
176
v.Commission. Seller and Buyer agree to pay a commission in accordance with any listing or commission agreement to 177 which they are a party. The Listing Firm’s commission shall be apportioned between Listing Firm and Selling Firm as 178 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 179 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 180 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 181 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 182
court costs and reasonable attorneys’ fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 183
under this Agreement.
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w.Cancellation Rights/Lead-Based Paint. If a residential dwelling was built on the Property prior to 1978, and Buyer 185
receives a Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (NWMLS Form 22J) after 186
mutual acceptance, Buyer may rescind this Agreement at any time up to 3 days thereafter.
187
x.Information Verification Period and Property Condition Disclaimer. Buyer shall have 10 days after mutual 188 acceptance to verify all information provided from Seller or Listing Firm related to the Property. This contingency shall 189 be deemed satisfied unless Buyer gives notice identifying the materially inaccurate information within 10 days of mutual 190 acceptance. If Buyer gives timely notice under this section, then this Agreement shall terminate and the Earnest Money 191 shall be refunded to Buyer. Buyer and Seller agree, that except as provided in this Agreement, all representations and 192 information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. The 193 parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations under 194 this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter related to 195 this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In addition, Brokers 196 do not guarantee the value, quality or condition of the Property and some properties may contain building materials, 197 including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of lawsuits and/or 198 governmental inquiry because of possible defects or health hazards. Some properties may have other defects arising 199 after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the expertise to identify 200 or assess defective products, materials, or conditions. Buyer is urged to use due diligence to inspect the Property to 201 Buyer’s satisfaction and to retain inspectors qualified to identify the presence of defective materials and evaluate the 202 condition of the Property as there may be defects that may only be revealed by careful inspection. Buyer and Seller 203 acknowledge that home protection plans may be available which may provide additional protection and benefit to Buyer 204 and Seller. Brokers may assist the parties with locating and selecting third party service providers, such as inspectors or 205
contractors, but Brokers cannot guarantee or be responsible for the services provided by those third parties. The parties 206
agree to exercise their own judgment and due diligence regarding third-party service providers.
207
Filling out the NWMLS Form 21 correctly is crucial for a smooth residential real estate transaction. This form, used for the purchase and sale agreement in real estate deals, encompasses all the specific terms that both the buyer and seller agree upon. By following these steps, you can ensure that all necessary details are accurately captured, laying the groundwork for a successful closing.
After filling out the form thoroughly, review all entries for accuracy. The next step involves submission, typically managed by the real estate professionals involved. They will ensure that the form is properly executed, and all parties have copies for their records, moving the transaction forward towards a successful closing.
What is the Nwmls 21 form?
The Nwmls 21 form, officially known as the Residential Purchase & Sale Agreement, is a legally binding document created by the Northwest Multiple Listing Service. It outlines the specific terms and conditions agreed upon by the buyer and seller during a residential real estate transaction in Washington state.
What items are included in the sale according to the Nwmls 21 form?
Included items can range from built-in appliances, window treatments, lighting fixtures, to installed electrical fixtures and landscaping elements such as shrubs and trees planted in the ground. The form allows for checkboxes next to common items like stoves, refrigerators, and washers to ensure clarity on what stays with the property.
How is the purchase price paid according to this agreement?
The agreement stipulates that the buyer shall pay the seller the purchase price, which includes the earnest money, in cash at closing unless otherwise specified. It assumes the buyer has sufficient funds available to close the sale as per the agreed terms and is not relying on contingent sources of funds, unless those contingencies are clearly outlined in the agreement.
What happens if the buyer defaults on the agreement?
If the buyer defaults without a legal excuse, the selected default provision as indicated in the agreement will apply. This could lead to the forfeiture of earnest money to the seller or allow the seller to choose from several remedies, including keeping the earnest money as liquidated damages, suing for actual damages, enforcing the agreement specifically, or pursuing other legal options.
Who represents whom in a transaction involving a Nwmls 21 form?
The agency disclosure section indicates the representation roles within the transaction. These roles include whether the selling broker represents the buyer, the seller, both parties, or neither. Likewise, it addresses the listing broker’s representation. This clarity aims to ensure that the interests of both the buyer and seller are properly managed.
How does the earnest money process work?
After mutual acceptance of the agreement, the buyer is required to deliver the earnest money within two days to either the selling firm or the closing agent. If the amount exceeds $10,000.00, and an IRS Form W-9 is completed by the buyer, it may be placed into an interest-bearing account with the earned interest, minus fees, payable to the buyer.
What are the responsibilities regarding property condition and included items?
The seller is obligated to ensure all items included in the sale, as specified in the agreement, are in the property at or before closing. If any included items are leased or have liens, the seller must clear these before closing. Additionally, the property must be maintained in its present condition, barring normal wear and tear, until the buyer takes possession.
Can the purchase agreement be assigned to another party?
Without the seller's written consent, the buyer may not assign this agreement or the rights under it, unless the agreement specifically states otherwise by including an “and/or assigns” clause alongside the buyer’s name on the agreement.
What is required for closing and possession of the property?
The sale will be closed by a chosen closing agent on a predetermined closing date. If the closing date falls on a non-business day, the closing will be conducted on the next available business day. Seller is required to deliver the property keys and any garage door remotes to the buyer on the closing date or possession date, as determined within the agreement. The seller must also ensure the property’s condition is maintained until the buyer legally takes possession.
Filling out the Northwest Multiple Listing Service (NWMLS) Form 21, which is the Residential Purchase & Sale Agreement, accurately is crucial for a seamless real estate transaction. However, individuals often encounter pitfalls during this process. Below are seven common mistakes made when completing this form:
Not verifying personal details: A frequent oversight is the failure to accurately verify personal information, including names, addresses, and contact details of both the buyer and seller. This simple error can lead to significant complications down the line, impacting communication and document validity.
Incorrect property description: The legal description of the property, as opposed to just the address, must be meticulously documented. Misrepresentations or inaccuracies in detailing the parcel number(s) or the legal description can cause delays or disputes regarding the property being sold.
Failure to specify included items: Items included in the purchase, such as appliances or specific fixtures, need to be clearly listed. Leaving out this detail can lead to misunderstandings about what is considered part of the property sale, potentially resulting in post-sale conflicts.
Inaccurate purchase price and terms: Misstating the purchase price or misunderstanding the terms can bring about financial discrepancies. It's essential to ensure that the listed price accurately reflects the agreed-upon amount and that the earnest money details are correctly entered and understood.
Earnest money mishandling: Errors in the handling instructions or amounts of earnest money can jeopardize the trust between parties. The form requires explicit directions on who holds the earnest money and its amount, a critical component that, if mismanaged, could lead to disputes or transaction delays.
Overlooking agency disclosure and representation: Not properly disclosing or understanding the agency relationships (i.e., who represents whom) may lead to conflicts of interest. This section mandates clear acknowledgment of whether the selling or listing brokers represent the buyer, the seller, or both.
Neglecting to detail addenda: Any additional agreements or conditions related to the sale must be explicitly mentioned in the addenda section. Omissions here can result in legal complexities or misunderstandings about the terms of the sale.
When completing NWMLS Form 21, attention to detail and a thorough understanding of the agreement's provisions are paramount. Recognizing and avoiding these common pitfalls not only smoothens the transaction process but also safeguards the interests of all parties involved.
When working with the Form 21 Residential Purchase and Sale Agreement, it's common for buyers and sellers to encounter other forms and documents crucial to the transaction process. Understanding these additional documents can help ensure a smoother and more informed real estate transaction.
Each of these documents plays a unique role in the real estate transaction, offering protections and clarifications for both buyers and sellers. By familiarizing themselves with these forms, parties can navigate the complexities of real estate purchases with greater confidence and understanding.
The Standard Residential Lease Agreement is comparable to the NWMLS 21 form in its provision of specific terms regarding the property in question, including details about the property's location, legal description, and the identities of the parties involved. Both documents set the stage for a legally binding arrangement between two parties, outlining responsibilities such as payments (rent for the lease and purchase price for the NWMLS 21 form), maintenance and condition of the property, and the consequences of default.
The Real Estate Purchase Agreement closely aligns with the NWMLS 21 form, particularly in its structure for facilitating property transactions. Both entail detailed stipulations about the purchase price, earnest money deposits, closing costs, property condition disclosures, and default consequences. They serve to protect both buyer and seller interests while ensuring a transparent and agreed-upon path to property ownership transfer.
The Property Disclosure Statement shares similarities with NWMLS 21, especially in the emphasis on providing accurate information about the property. Though the NWMLS 21 form encompasses a broader range of transaction details, both documents necessitate the seller's disclosure of the property's condition, including any known defects or issues that might affect the buyer's decision or property value, aiming to ensure honesty and transparency in real estate transactions.
A Title Insurance Policy Application bears resemblance to parts of the NWMLS 21 form that refer to title insurance and condition of title. Both documents involve the assessment and insurance of clear property titles, safeguarding against potential title defects. Ensuring marketable title at closing and stipulating the responsibilities for obtaining title insurance are crucial aspects shared by both, providing protection for the parties against title-related problems.
An Escrow Agreement is likened to the NWMLS 21 form in its handling of earnest money and closing procedures. Both documents outline the roles and responsibilities of a neutral third party in holding funds (such as earnest money) and managing the closing process, ensuring that conditions are met before transaction funds are disbursed, thereby offering security and neutrality in the transaction process.
The Home Inspection Report complements the NWMLS 21 form by detailing the condition of the property, which is crucial for the transaction. While the NWMLS 21 form includes provisions for property condition and related disclosures, the home inspection report provides a comprehensive assessment of the property's state. This report informs the buyer and can impact negotiations, similar to how property condition disclosures within the NWMLS 21 form might influence the purchase agreement terms.
The Amendment to Real Estate Purchase Agreement is similar in concept to aspects of the NWMLS 21 form that allow for addenda and modifications. Both document types enable the parties to update or alter terms after the initial agreement has been made, accommodating changes in the deal, buyer or seller requests, or new information arising that impacts the transaction, thereby ensuring the agreement remains relevant and accurate up to the point of sale.
When filling out the NWMLS Form 21, it's crucial to navigate the document with precision to ensure a smooth real estate transaction. Below are key dos and don'ts to guide you through the process.
Dos:
Ensure all parties involved in the transaction clearly print their names and provide signatures and dates where required. This step is essential for legal validation of the document.
Accurately complete the property details, including the Tax Parcel No(s), county, street address, and legal description. This information is critical for identifying the property in question.
Check the correct boxes under "Included Items" to confirm which fixtures and fittings will remain with the property. This prevents future disputes over what is included in the sale.
Fill in the purchase price and earnest money amounts comprehensively. These figures are fundamental to the financial understanding between the buyer and the seller.
Review the default section carefully and ensure only the applicable box is checked, reflecting the agreed-upon recourse in the event of a contract breach.
Don'ts:
Don't leave any sections blank unless they truly do not apply to your transaction. Incomplete forms can lead to misunderstandings or legal issues.
Avoid guessing or estimating figures and details. Ensure accuracy, especially in financial figures and property descriptions, to prevent future legal complications.
Never sign the document without reviewing all entries. Mistakes or omissions can significantly delay the transaction or result in unintentional commitments.
Do not ignore the need for legal or professional advice if any part of the form is unclear. Misinterpretation of contractual terms can lead to adverse legal consequences.
Avoid assuming that verbal agreements will be honored. Ensure everything agreed upon is documented in the form for a legally binding agreement.
Understanding the nuances of the Northwest Multiple Listing Service (NWMLS) Form 21, a Residential Purchase & Sale Agreement, can be challenging. Misconceptions often arise, leading to confusion among buyers and sellers. Below are some common misunderstandies about the form:
Addressing these misconceptions is crucial in ensuring that both buyers and sellers fully understand their rights and obligations under the NWMLS Form 21 agreement, leading to smoother transactions and reduced potential for disputes.
When participating in a residential real estate transaction in Washington State, the NWMLS Form 21, a Residential Purchase and Sale Agreement, is a critical document. Here are key takeaways for filling out and using this form:
Proper completion and comprehension of the NWMLS Form 21 are fundamental in ensuring a smooth real estate transaction. It's designed to protect all parties involved, providing a clear framework for the purchase and sale of residential property in Washington.
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