Real estate agents all over the US are involved in situations where the standard Purchase Contract does not work without significant modifications.  Below are some terms used in Central Ohio receiver sales our company manages.

This Counteroffer dated November 19, 2008 shall be made part of the Real Estate Purchase Contract dated November 13, 2008 (presented verbally on the same date) for the purchase of XXXXXXXX  XXXXXXX  XXXXXXXX, commonly known as XXX XXXXX Ave, Columbus OH and delivered in writing on November 19, 2008 to Gryphon Asset Management, by and through its principal, Richard Kruse, Receiver for Specific Assets of XXX XXXXX LLC etal., Franklin County Court of Common Pleas case # 08-CV-XXXXXXX.  Any conflict between the terms of this Counteroffer and the terms of the Contract or Addendum previously tendered, the terms herein shall apply.

  1. The Real Estate Purchase Contract referenced above is ACCEPTED with the following modifications.
  2. Buyer acknowledges that Seller is not in possession of any security deposits therefore no prorations or transfers of same will occur at closing.
  3. Buyer acknowledges that Seller may not be in possession of all leases for the location.  Seller will deliver what documentation is available in Sellers records as requested by Paragraph 2 (d) of the Real Estate Purchase Contract Continuation of Offer, however makes no representation or warranty as to the accuracy, scope or validity of the documentation. 
  4. Buyer and Seller agree that Seller is a Court Appointee and would have no knowledge regarding the condition of the property, therefore Seller can not provide any representation or warranty of any kind as to condition therefore, Paragraph 11 of the Real Estate Purchase Contract shall be stricken in its entirety.
  5. Buyer acknowledges that the property is in Poor Condition and in need of significant repair and renovation to all structures.  Property is being sold AS-IS, WITH NO WARRANTY EXPRESSED OR IMPLIED, including but not limited to working order of electrical, plumbing, HVAC, roofing and/or drainage systems and/or any other system.  Seller shall not purchase any warranties for buyer. 
  6. Regardless of Buyer and Seller agreement, this Contract shall be subject to the review and approval of the Franklin County Court of Common Pleas in the certain case styled as Eaton National Bank vs. LNG Resources, case # 08-CV-XXXXXX.
  7. Final loan approval, if any needed, must be completed within fifteen (15) days following contract execution and must be completed before Seller shall seek Court Approval.  Failure to notify Seller of Buyers inability to obtain financing within this period shall constitute waiver of the financing contingency without further action by the Buyer.
  8. An earnest money deposit of $20,000 shall be made by cash or check within two (2) business days of acceptance of the agreement and shall be held by Gryphon Asset Management, Receiver for XXXXXXXX.
  9. Buyer shall either accept the property in its As-Is condition or reject the property in writing within the time periods outlined in Paragraph 3 of the Real Estate Purchase Contract.  Failure to reject the property in writing within said period shall constitute full acceptance of the property by the Buyer.  Seller shall not remedy defects should any exist.
  10. Contract shall not be contingent on appraisal or financing.
  11. First American Title in Gahanna, Ohio has already begun title review, shall be the issuer of the Title Policy paid for by Seller and shall handle all matters relating to the closing.
  12. Seller shall provide a Fiduciary Deed at Closing.
  13. Closing shall occur within thirty (30) days following Court Approval.  Time is of the essence on all timeline terms contained herein.  Timeline extensions may be granted at the sole discretion of the Seller/Receiver and may be withheld for any reason.
  14. This Real Estate Purchase Contract can not be assigned to another entity or individual.
  15. All other Terms of the Contract shall remain the same.
  16. This Counteroffer shall remain open until 5pm on November 26, 2008.

Richard F. Kruse is the President of Columbus, Ohio based Gryphon USA, Ltd. (www.gryphonusa.com).  The Gryphon Organization includes Gryphon Asset Management providing receivership and consulting services in the distressed marketplace, United Country Ohio Realty & Auction Group (www.ucohiorealty.com & www.ucohioauctions.com) providing real estate brokerage and auction services throughout Ohio and OnlineAuctionUSA.com (www.onlineauctionusa.com) providing commercial asset liquidations from the Midwest to East Coast. 

United Country Ohio Realty & Auction Career Opportunities Available.  Call 614-885-0020 x 17

 
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6 Comments on Simple Counter Terms - Receivership Listing

NOV
23
2008
606,945 Points 244 Featured Posts Localism Sponsor Outside Blog

Hey Rich, How's it going? It is wise to cover our asses and the asses of our customer/clients in these types of agreements. My short sale package is getting bigger every day. I still have a lot of stuff to add but just can't seem to find the time.

The last REO contract a buyer of mine signed had a 27 page a CYA addendum!!!

9:27am • #1
417,549 Points 17 Featured Posts Outside Blog

We have 2 separate FAR-BAR contracts. One is As-Is and the other spells out which items are considered "cosmetic" and which items are considered "structural". The differentiation means the seller is responsible for repairing anything that is structural, up to the pre-determined amount of money. We also have the FAR contracts. I don't use those. It's common for listing agents to insist that all offers be presented on only a FAR-BAR contract.

1:51pm • #2
201,128 Points 19 Featured Posts Outside Blog

Rich,

It's good to see you on line.

Some people don't like such blunt inclusions. I find them refreshing! If the parties to the contract can't agree, better to do early.

Some of this is going to be hard for the buyer to accept. But, you have to represent your client. Special proprieties and special circumstances require special representation.

It may be that your listing are not for the majorty of buyers, or more likely not for their agents, so be it you only need one buyer for each listing! The buyers and their agents can dream on! It really is that simple, not every property, not every deal, not every circumstance, is for everyone.

Bill

2:28pm • #3
832,494 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

Ouch!  Tough terms and consitions.

Hopefully, the properties are priced accordingly. 

What we find so often around here is properties that are in deed of extensive repair and renovation yet are priced par with other similarly located properties in good condition with good terms.

 

2:46pm • #4
NOV
24
2008
174,346 Points Outside Blog

That is certainly a list of conditions.  I have seen three and four pages of addendums for our properties around here.

7:39pm • #5
AUG
11
Good morning. After the last of 16 mounting screws has been removed from an access cover, it will be discovered that the wrong access cover has been removed. I am from Great and learning to write in English, tell me right I wrote the following sentence: "Wall decor decorative clocks these clock will be asset as buy now." THX :-(, Nicola.
Nicola
4:55am • #6

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Rich Kruse

Columbus, OH

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Gryphon USA, Ltd.

Address: 9387 S. Old State Rd., Columbus, OH , 43035

Office Phone: (614) 885-0020 x 17

Cell Phone: (614) 885-0020

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A lighthearted and informative look at the real estate and asset sale professions. The Gryphon Organization provides real estate, auction and asset management services through a variety of subsidiaries including Gryphon Asset Management and United Country Ohio Realty & Auction Group.


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