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Where are the Other Pages?

By Sharon Simms

Real Estate Agent with Coastal Properties Group International - Christie's International

November 30, 2007 09:33 AM

Do you ever get contracts e-mailed or faxed to you that have only some of the pages? even by other agents?

Contracts that refer to addendums that aren't attached
Contracts with only filled in pages, not the "boiler plate" pages?
Counteroffers with only the pages that have changes initialled?

Maybe it's me and I'm picky or old-fashioned, but I was taught that you have to have ALL of the pages of the contract and addendums sent at the same time in the same document.

Isn't this one of the reasons why real estate associations are offering MongoFax to their members?

If you can't send all the pages, couldn't you at least send Contract, Part I pages 1-8 of 24; Contract, Part II pages 9-16 of 24; and Contract, Part III pages 17-24 of 24 all one right after the other?

When I'm sending these documents to clients, I always say, please be sure to send ALL the pages back to me, not just the ones you initial or sign, not just the ones with changes.

If all goes well with the contract and closing, maybe it's just sloppiness. But what about risk management? What if you have to present the contract at a hearing or in court? You'd better have all the pages, all from the same document at the same time.

Do you get these? And what do you do about them?

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Sean Allen

International Financing Solutions - Fort Myers, FL

International Financing Solutions

It is real frustrating when Realtors send me only a few of the pages of the contract too...... I kinda feel like saying ...HELLOOOOOO, don't you think the lender wants to see ALL the pages?

Or better yet, contracts that you can't read because they have been faxed so many times.

Nov 30, 2007 09:44 AM

Bryant Tutas

Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL

Selling Florida one home at a time

Sharon, I'm with you on this one. I want ALL pages. In fact once I have recieved an offer I call the sender to make sure I have all pages before I present it to the seller. I also require my seller to initial every page whether it requires it or not. I'm not sure why anyone would do this differently. It's a contract for Pete's sake!

Nov 30, 2007 09:53 AM

Brian Schulman

Coldwell Banker Residential Brokerage, Lancaster PA - Lancaster, PA

Lancaster County PA RealEstate Expert 717-951-5552

When lenders want copies of our contracts, only the first 12 pages out of 18 (or 22 if there is a lead paint addendum) pertain to the particular transaction. The rest are the same for everyone - disclosures of nondiscrimination, mediation, tax proration, etc. It doesn't seem to make much sense to kill more trees by faxing the boilerplate that's the same for every transaction.

But I agree that all relevant addendums, etc., should be included.

Nov 30, 2007 09:57 AM

Chris Griffith

Downing-Frye Realty, Bonita Springs, FL - Bonita Springs, FL

Bonita Springs Listing Specialist - Agent

The gospel!

Nov 30, 2007 10:13 AM

Dan Gobis

Re/Max Newport Realty Corp. - Racine, WI

24 pages! You have way too many attorneys in Fla! (Just kidding! kind of.)

In Wi, as I suspect it is in FLA, IT IS LAW that all pages are sent, whether faxing, emailing, personal delivery, U.S. mail, Fed Ex, UPS, DHL, Airborne Express, Pony Express, and with no disrespect, all the other commercial delivery services.

Bryant, Laziness and /or a flitting personality are the main culprit. (I would throw in stupidity as a culprit, but it is the Holiday Season and I want to be nice.)

Sean, Gotta love those 4 generation faxes.

Sharon, Is an Offer that refers to an Addendum, and there is no Addendum attached, enforcible? I have had boilerplate pages altered, like an attorney that crossed out all the default remedies for their client, so if the client would default, the seller would have no recourse.

PLEASE!

Nov 30, 2007 10:36 AM

Sharon Simms

Coastal Properties Group International - Christie's International - Saint Petersburg, FL

St. Petersburg FL - CRS CIPS CLHMS RSPS

Sean Allen - yes, the illegible faxed pages irritate me, too. If only it was scanned and e-mailed every step of the way for clarity.

Bryant - that's yet another thing we club members have in common. Also, if a page (or most of it) is blank, I X through it before I have my clients sign.

Brian - we don't send the disclosure forms around, either. Though required by our company (and the state in some cases) they aren't part of the contract, so need not be sent with it every time. Besides - e-mail saves trees!

Chris - Amen.

Dan - "24 pages" was an example - our offer/contract has 8, plus any addendums required. The majority of our contracts and closings do not have attorneys involved. I don't know if just the addendum would be unenforceable or if the entire contract would be - I've never let a situation get that far. Thanks.

Nov 30, 2007 10:47 AM

Carolyn Galant

Coldwell Banker Residential - Madison, NJ

MBA - Coldwell Banker - New Jersey Real Estate

THIS SHOULD BE A GOLF SHIRT FOR REALTORS OR A COFFEE CUP!

I ask senders to send me a pdf instead. It is 2008 ( almost!)

Nov 30, 2007 01:25 PM

Billnulls Blog Florida Realty Professional

Charles Rutenberg Realty - Clearwater, FL

AHWD

GREAT POST!!! It makes you wonder how some people got their license!!! Yes, it has happened to me too! And it is always the same couple of agents that do it, REALLY making me wonder if they got their license in Cracker-Jacks boxes!!!!

Dec 01, 2007 11:04 AM

Carolyn, I always prefer a .pdf to a fax.

Barbara Jo - they obviously had no after-license training.

Dec 01, 2007 11:19 AM

Where are the Other Pages?

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