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Explanation of Condo Contract Paragraph 12 (3) & Addendum for Mandatory Membership in HOA Paragraph C When contract changes occurred on April 1, 2021, many of us were focused on what was added and failed to notice what was removed altogether or lumped into one paragraph. Such is the case with paragraph 12 (3) in the Residential Condominium Contract (Resale). Watch now as Kristi Davis of MetroTex Forms & Contracts Committee and Charles Kramer of Republic Title discuss the changes you need to know. Paragraph 4 was removed stating that any deposits for reserves required by the association would be a Buyer expense. In its place, paragraph 3 changed to include these charges and more. From paragraph, “3) Buyer shall pay any and all Association fees, deposits, reserves and other charges resulting from the transfer of the Property not to exceed $ ___________________ and Seller shall pay any excess.” This paragraph, both Condo and Addendum for Mandatory Membership, now includes any reserve for dues, capital expenditures, transfer fees, and any other fee an owner’s association or management company chooses to throw in there. It is not uncommon for an association to take a few months dues up front until they can get the new owner in the system. This is now lumped into this line item. Charles Kramer, (Co-Chair of the Broker-Lawyer Committee), explained this best. “Any fee/amount (other than the cost of a resale certificate, which cost is allocated under para. 2C) that would not have occurred or been charged if this property did not sell, should go in this line.” Needless to say, this amount can add up very quickly with just a few months of dues thrown in there added to capital expenditures etc. The best practice would be for the listing agent to have the seller order the resale certificate immediately so there are no surprises when this fee is disclosed and this paragraph can be filled out fairly to both parties. No one wants to put the seller in the position of finding an additional closing cost possibly in the thousands. A resale certificate is good for 3 months and some title companies allow 6 months. – Mary Beth Harrison, MetroTex Forms & Contracts 2020 Committee Chair Paragraph 2C of the Residential Condominium Contract (Resale) (TREC 30-13, TAR 1605) provides three options regarding the condominium’s resale certificate, which the Texas Property Code requires the seller to provide in most condo sales. The first check box indicates that the buyer has already received the certificate. The second check box indicates that the buyer has not received the certificate and provides a blank to fill with how many days after the effective date the seller has to provide it. Under this option, the buyer may cancel the contract before the sixth day after receiving the certificate by hand-delivering or mailing written notice of cancellation to the seller by certified mail, return receipt requested. The earnest money will then be refunded to the buyer. The third check box allows for the buyer and seller to agree to waive the resale certificate requirement if the seller provides an affidavit that the information was requested from the association and the association failed to provide the certificate. The Request for Information from an Owners’ Association (TAR 1405) can be used by the seller to request documents from the association, and the association can use the Condominium Resale Certificate form (TREC 32-3, TAR 1921) to provide the information. Recommended textbook solutions Technical Writing for Success3rd EditionDarlene Smith-Worthington, Sue Jefferson 468 solutions
The Language of Composition: Reading, Writing, Rhetoric2nd EditionLawrence Scanlon, Renee H. Shea, Robin Dissin Aufses 661 solutions
Technical Writing for Success3rd EditionDarlene Smith-Worthington, Sue Jefferson 468 solutions Technical Writing for Success3rd EditionDarlene Smith-Worthington, Sue Jefferson 468 solutions What is a resale certificate for a condo in Texas?The resale certificate gives specific information about the property that is being sold and where it stands with the HOA; this incudes disclosing any past-due payments or unpaid violations, any pending violations, and all fees that are due upon closing.
What is a resale certificate in Texas real estate?The resale certificate provides specific information about the home you are buying and its standing in the community association. It includes any past due payments to the association, pending violations, unpaid violations, unpaid special assessments and fees that are due upon closing.
What happens if no dollar amount is inserted in paragraph 5 of the TREC one to four family residential contract but the time period is filled in as 10 days?D. FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the Option Fee or if Buyer fails to deliver the Option Fee within the time required, Buyer shall not have the unrestricted right to terminate this contract under this paragraph 5.
Which of the following is true regarding the loan assumption addendum?Which of the following is TRUE regarding the Loan Assumption Addendum? The answer is the period for the seller to terminate under the Loan Assumption Addendum is seven days.
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