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Appraisal Contingency In Purchase Agreement Template for United States

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Key Requirements PROMPT example:

Appraisal Contingency In Purchase Agreement

"I need an Appraisal Contingency In Purchase Agreement for a commercial property transaction closing on March 15, 2025, with a 15-day appraisal period and specific provisions for a second appraisal if the first comes in below purchase price."

Document background
The Appraisal Contingency In Purchase Agreement is a crucial protection mechanism in U.S. real estate transactions, particularly in markets with volatile property values or when financing is involved. This document becomes necessary when buyers want to ensure the property's value matches the purchase price and meets lender requirements. It typically includes specific timeframes for obtaining the appraisal, procedures for communicating results, and options available to both parties if the appraisal falls short. The contingency must align with state-specific real estate laws and federal regulations while providing clear procedures for resolution.
Suggested Sections

1. Parties: Identification of buyer and seller, including full legal names and addresses

2. Background: Context of the purchase agreement and explanation of the appraisal contingency's purpose

3. Definitions: Key terms including 'Appraisal', 'Appraised Value', 'Notice Period', and other relevant definitions

4. Appraisal Requirement: Statement of requirement for professional appraisal, including qualifications of appraiser

5. Timeline: Specific deadlines for obtaining appraisal and providing notice of results

6. Rights and Remedies: Actions available to parties if property doesn't appraise at purchase price, including termination rights

Optional Sections

1. Second Appraisal Rights: Optional provision for obtaining a second appraisal, typically used in high-value transactions

2. Price Adjustment Mechanism: Optional process for price negotiation if appraisal is low, used when parties want flexibility

3. Appraiser Selection: Optional process for choosing appraiser, used when parties want specific control over selection

Suggested Schedules

1. Approved Appraiser List: Schedule listing pre-approved appraisers if specified by the parties

2. Appraisal Standards: Appendix detailing specific requirements for appraisal methodology and reporting

3. Notice Forms: Standard forms for providing notice under the contingency, including termination notice

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Equal Credit Opportunity Act (ECOA): Federal law that prohibits discrimination in lending practices, including appraisals, based on race, color, religion, national origin, sex, marital status, age, or participation in public assistance programs

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions, including appraisals, based on protected characteristics

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and protecting consumers in credit transactions, including those involving real estate appraisals

FIRREA: Financial Institutions Reform, Recovery, and Enforcement Act which establishes standards for real estate appraisals and appraiser qualifications

Dodd-Frank Act: Federal law implementing reforms for financial institutions, including requirements for appraisal independence and reporting

State Real Estate Laws: Individual state legislation governing real estate transactions, including specific requirements for purchase agreements and appraisal contingencies

USPAP: Uniform Standards of Professional Appraisal Practice setting the standards for professional appraisal practice in the United States

FHA Guidelines: Federal Housing Administration requirements for appraisals in FHA-backed mortgage transactions

VA Loan Requirements: Department of Veterans Affairs specific requirements for appraisals in VA-backed mortgage transactions

Appraisal Foundation Requirements: Standards and qualifications established by the authorized organization for real property appraisers

State Appraisal Board Rules: State-specific regulations governing appraiser conduct, licensing, and professional requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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