Addendum A To Residential Real Estate Purchase And Sale: Fill & Download for Free

Disclaimer: I’m not a lawyer, so this isn’t legal advice. For that, you need a lawyer.Actually, the lines are fairly sharp. For instance, from a real estate perspective, the individual states are quite clear about what constitutes real estate and, therefore, what someone licensed to sell real estate can sell. For example, Virginia law states:"Residential real estate" means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units.There are a few gray areas, such as timeshares, though in Virginia it’s stated that timeshares may be sold by agents.I would imagine there are specific definitions applicable to security brokerage as well.But let me add on something else. Your question implies that security brokers might be able to sell LLCs while real estate agents might not.You don’t have to be a real estate agent or a securities broker to sell an LLC. If you’re the owner of an LLC, you’ve got the right to sell it. Further, depending on what the operating agreement says, the members of the LLC may be able to add additional partners, sell their interests, and so on. All that’s because a person may have an ownership interest in an LLC.Keep in mind, too, that—just as you don’t have to be an agent to sell an LLC—you don’t have to be an agent to sell real estate. People do it all the time, frequently as “For Sale By Owner.”And here’s an interesting twist on the discussion. An LLC can own real estate, as you likely know. But most “approved” real estate contracts don’t permit a contract to be assigned. Yes, you can cross out the prohibitions on assignment. Or you can attach your shortened contract (that permits assignment) as an addendum to the longer contract. But sometimes the listing agent and the seller won’t accept those changes.So, is there another technique to—in essence—assign a contract when it’s not assignable?Sure. The contract is written so that the purchaser is an LLC—let’s say 123 Main Street LLC. The LLC owns the contract. The contract itself forbids assignment. The solution: Sell the LLC. Because the LLC owns the contract, the purchaser of the LLC is acquiring the contract as part of the process. When it comes time to close, the new owners of 123 Main Street LLC go ahead and buy the property. The contract hasn’t been assigned; it’s just that the LLC has new owners.Something similar can be accomplished with a land trust with its beneficiaries.

I’m selling my home to my daughter. What do I need to do once her loan is approved?I would make an appointment with a Title company and ask them what is needed where you live. Depending on location, the requirements might be different. There is no need to bring a lawyer or realtor into the equation. You will need to have a signed contract between you and your daughter stating the purchase price, the amount financed, the closing date, and who will pay certain fees associated with the transfer of the ownership.If you live in the US, you probably can download a residential agreement from your states real estate board for free. You will want to make sure that it is fully filled out and signed by all parties that are part of the transaction. For instance, if you are married, then your spouse will need to sign also, even if you purchased the home before you were married.The Title company can also let you know if there are other necessary documents that must accompany the contract like an HOA addendum, a third party finance addendum, etc. You want to make sure you do it right so that no one comes back later and states the sale was invalid.If you have a friend who is a Realtor, they might be willing to assist with the paperwork and not charge you. Of maybe charge a small fee for their time.

It may depend where you live. In USA real estate laws differ in each state. I’ll only reference California in my answer. In California seller duty to disclose are set by California Civil Code section 1102 which pertains to the disclosure obligations of a seller who owns real property and the California Real Estate Transfer Disclosure Statement which Is mandatory for most sellers.California Civil Code section 1102.1 states - quote” The Legislature did not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the property, including, but not limited to, the physical conditions of the property and previously received reports of physical inspections noted on the disclosure form set forth in Section 1102.6 or 1102.6a” end quote.As a seller If you don’t disclose defects or materials facts you’re exposing yourself to future Liability and Lawsuits. If a seller intentionally concealed a material fact he could also be ordered by the court to take back the property and reimburse the buyer paid purchase price and other punitive damages. How do you know what’s a material fact to the buyer? You don’t. Since the consequences of not disclose facts can be significant, seller's duty to disclose should be taken very seriously. Do disclose any defects or materials facts you know including inspection reports that you have knowledge of and we’re prepared by licensed Inspectors.Some exemptions to disclosures below section 1102.2.California Real Estate Transfer Disclosure Statement Below link.curtesy of -http://www.nolo.com/sites/default/files/CADisclosure.pdfCalifornia Civil Code section 1102 Below quote“1102.1.(a) In enacting Chapter 817 of the Statutes of 1994, it was the intent of the Legislature to clarify and facilitate the use of the real estate disclosure statement, as specified in Section 1102.6. The Legislature intended the statement to be used by transferors making disclosures required under this article and by agents making disclosures required by Section 2079 on the agent’s portion of the real estate disclosure statement, in transfers subject to this article. In transfers not subject to this article, agents may make required disclosures in a separate writing. The Legislature did not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the property, including, but not limited to, the physical conditions of the property and previously received reports of physical inspections noted on the disclosure form set forth in Section 1102.6 or 1102.6a, and that nothing in this article shall be construed to change the duty of a real estate broker or salesperson pursuant to Section 2079.It is also the intent of the Legislature that the delivery of a real estate transfer disclosure statement may not be waived in an “as is” sale, as held in Loughrin v. Superior Court (1993) 15 Cal. App. 4th 1188.1102.2.This article does not apply to the following:(a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code.(b) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in the administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, transfers by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance.(c) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobilehome by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobilehome.(d) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedent’s estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or was an occupant in possession of the property within the preceding year.(e) Sales or transfers from one coowner to one or more other coowners.(f) Sales or transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.(g) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation or from a property settlement agreement incidental to that judgment.(h) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.(i) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code.(j) Sales or transfers or exchanges to or from any governmental entity.(k) Sales or transfers of any portion of a property not constituting single-family residential property.(l) The sale, creation, or transfer of any lease of any duration with the exception of a lease with an option to purchase or a ground lease coupled with improvements.(m) Notwithstanding the definition of sale in Section 10018.10 of the Business and Professions Code and Section 2079.13, the terms “sale” and “transfer,” as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 2017–18 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019.(Amended by Stats. 2019, Ch. 310, Sec. 4. (AB 892) Effective January 1, 2020.)1102.3.The seller of any single-family real property subject to this article shall deliver to the prospective buyer the completed written statement required by this article, as follows:(a) In the case of a sale, as soon as practicable before transfer of title.(b) In the case of sale by a real property sales contract, as defined in Section 2985, or by a lease together with an option to purchase, or a ground lease coupled with improvements, as soon as practicable before execution of the contract. For the purpose of this subdivision, “execution” means the making or acceptance of an offer.(c) With respect to any sale subject to subdivision (a) or (b), the seller shall indicate compliance with this article on the real property sales contract, the lease, or any addendum attached thereto or on a separate document.If any disclosure, or any material amendment of any disclosure, required to be made by this article, is delivered after the execution of an offer to purchase, the prospective buyer shall have three days after delivery in person, five days after delivery by deposit in the mail, or five days after delivery of an electronic record in transactions where the parties have agreed to conduct the transaction by electronic means, pursuant to provisions of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3), to terminate the offer by delivery of a written notice of termination to the seller or the seller’s agent. The period of time the prospective buyer has in which to terminate the offer commences when Sections I and II, and, if the seller is represented by an agent in the transaction, then also Section III, in the form described in Section 1102.6, are completed and delivered to the buyer or buyer’s agent. A real estate agent may complete their own portion of the required disclosure by providing all of the information on the agent’s inspection disclosure set forth in Section 1102.6.(Amended by Stats. 2019, Ch. 310, Sec. 5. (AB 892) Effective January 1, 2020.) “ end quote.