Miami-Dade Florida Addendum for Continued Marketing of Property by Seller due to Contingencies

State:
Multi-State
County:
Miami-Dade
Control #:
US-00472-A2
Format:
Word; 
Rich Text
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Description

This form is an Addendum to a Residential Real Estate Sales Contract allowing for the continued marketing of the subject property by the seller while seller completes the process of fulfilling certain contingencies. If another offer is received on the property, seller must notify the buyer that a new offer has been received, and that buyer must waive the contingencies or else property may be sold to new offeror. Adapt to fit your specific circumstances as desired.

Miami-Dade Florida Addendum for Continued Marketing of Property by Seller due to Contingencies is a legal document specific to the Miami-Dade County in Florida, that allows the seller of a property to continue marketing and accepting offers on their property even after a contract has been signed, under certain contingencies. This addendum is typically used when certain conditions need to be met before the sale can be finalized. These conditions, known as contingencies, could include the buyer's ability to secure financing, the completion of necessary repairs or inspections, or the successful closing of another property the buyer may be selling. The addendum provides a mechanism for the seller to keep their property on the market and entertain other potential buyers while the contingency is being resolved. There are different types of Miami-Dade Florida Addendum for Continued Marketing of Property by Seller due to Contingencies, which can be named based on the specific contingencies being addressed. Some common named variations include: 1. Miami-Dade Florida Addendum for Continued Marketing of Property by Seller due to Financing Contingency: This addendum allows the seller to accept backup offers if the buyer's financing falls through or is delayed. 2. Miami-Dade Florida Addendum for Continued Marketing of Property by Seller due to Inspection Contingency: This addendum allows the seller to continue marketing their property if there are inspection-related issues to be resolved, such as necessary repairs or further negotiations. 3. Miami-Dade Florida Addendum for Continued Marketing of Property by Seller due to Sale Contingency: This addendum is used when the buyer's offer is contingent upon the successful closing of their own property sale, allowing the seller to entertain backup offers until the sale contingency is met. The purpose of these different addendums is to ensure that the seller has options and can keep their property available to potential buyers in case the initial contract falls through or is delayed due to specific contingencies. It provides flexibility and helps maximize the chances of selling the property in a timely manner while protecting the seller's interests.

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FAQ

A Hubbard Clause is an addendum or rider to a residential real estate purchase agreement that makes the purchase contingent upon the Buyer selling their own home first.

What is an appraisal contingency addendum? An addendum is a separate form that, once signed by the buyer and seller, becomes part of the sales contract. Appraisal contingency addendums are state-specific and allow buyers to move forward with their purchase under certain agreed-upon conditions.

If the Buyer elects to proceed with purchasing the Seller's property, there is a written waiver of the Hubbard Clause that must be signed by both parties; otherwise, the Seller has the right to void the agreement with the Buyer and return their deposit to them.

A Hubbard Clause is an addendum or rider to a residential real estate purchase agreement that makes the purchase contingent upon the Buyer selling their own home first.

So what is a Hubbard clause? Basically, it's a kind of right of first refusal. It means the seller has agreed to the terms of the buyer's offer, but the buyer doesn't have to buy unless either s/he sells his/her current home, or until another bona fide acceptable offer comes along.

Up until a contract is signed by both parties any other offers may be considered and accepted. However, once both parties have signed the contract the deal is locked in and legally binding. Sellers need to be absolutely sure of an offer before they commit.

Contingency clauses provide a way for one or both parties to back out of a real estate contract if certain specified conditions are not met. In other words, the sale is contingent upon these conditions.

Financing contingency This type of addendum is also known as a mortgage contingency. It protects the buyer in the case they cannot secure financing from a lender. Most financing contingency addenda include a time frame during which the buyer must secure financing.

Can the seller accept another offer while negotiating a contract with a first buyer? Absolutely. We have seen cases where the seller has accepted another offer after the buyer has signed the contract and sent the deposit. A seller can do that before they sign.

In fact, sellers can consider other offers even after they've accepted a contingent offer. If they get a new offer that they like, the contingent buyers can then drop their contingency and agree to buy the home without conditions. Otherwise, the sellers can accept the new offer.

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Miami-Dade Florida Addendum for Continued Marketing of Property by Seller due to Contingencies