Nwmls 21 PDF Template

Nwmls 21 PDF Template

The NWMLS 21 form, also known as the Residential Purchase and Sale Agreement, serves as a comprehensive contract outlining the terms of a real estate transaction between a buyer and a seller. This document includes essential details such as the purchase price, earnest money, and included items, all of which are critical to the successful transfer of property ownership. For those looking to navigate the complexities of a real estate purchase, completing the NWMLS 21 form is a vital step; please proceed by filling out the form by clicking the button below.

Article Guide

The NWMLS Form 21 serves as a critical document in the residential real estate transaction process. This form outlines the specific terms of the purchase and sale agreement between the buyer and seller. It includes essential details such as the date of the agreement, the property’s legal description, and the purchase price. Additionally, it specifies included items, earnest money details, and the responsibilities of both parties regarding closing costs and title insurance. The form also addresses important aspects like default provisions, agency disclosures, and the timeline for offer expiration. By clearly defining these terms, the NWMLS Form 21 aims to facilitate a smooth transaction and protect the interests of both the buyer and seller throughout the process.

Nwmls 21 Preview

Form 21 ©Copyright 2011
Residential Purchase & Sale Agreement Northwest Multiple Listing Service
Rev. 8/11 ALL RIGHTS RESERVED
Page 1 of 5
RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT
SPECIFIC TERMS
1. Date: __________________________________________ MLS No.: __________________________________
2. Buyer: _____________________________________________________________________________________
3. Seller: ______________________________________________________________________________________
4. Property: Tax Parcel No(s).: ____________________________________ ( ______________________County)
Street Address: ___________________________________________________ Washington ________________
Legal Description: Attached as Exhibit A.
5. Included Items: stove/range; refrigerator; washer; dryer; dishwasher; hot tub; fireplace insert;
wood stove; satellite dish; security system; other ___________________________________________
6. Purchase Price: $_____________________________________________________________________________
7. Earnest Money: (To be held by Selling Firm; Closing Agent)
Personal Check: $______________; Note: $______________; Other ( ________________ ): $ _______________
8. Default: (check only one) Forfeiture of Earnest Money; Seller’s Election of Remedies
9. Title Insurance Company: _____________________________________________________________________
10. Closing Agent: a qualified closing agent of Buyer’s choice; _______________________________________
11. Closing Date: ________________________________________________________________________________
12. Possession Date: on Closing; Other _________________________________________________________
13. Offer Expiration Date: _________________________________________________________________________
14. Services of Closing Agent for Payment of Utilities: Requested (attach NWMLS Form 22K); Waived
15. Charges and Assessments Due After Closing: assumed by Buyer; prepaid in full by Seller at Closing
16. Agency Disclosure: Selling Broker represents: Buyer; Seller; both parties; neither party
Listing Broker represents: Seller; both parties
17. Addenda: ___________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
______________________________________________ ____________________________________________
Buyer’s Signature Date Seller’s Signature Date
______________________________________________ ____________________________________________
Buyer’s Signature Date Seller’s Signature Date
______________________________________________ ____________________________________________
Buyer’s Address Seller’s Address
______________________________________________ ____________________________________________
City, State, Zip City, State, Zip
______________________________________________ ____________________________________________
Phone No. Fax No. Phone No. Fax No.
______________________________________________ ____________________________________________
Buyer’s E-mail Address Seller’s E-mail Address
______________________________________________ ____________________________________________
Selling Firm MLS Office No. Listing Firm MLS Office No.
______________________________________________ ____________________________________________
Selling Firm’s Assumed Name (if applicable) Listing Firm’s Assumed Name (if applicable)
______________________________________________ ____________________________________________
Selling Broker (Print) MLS LAG No. Listing Broker (Print) MLS LAG No.
______________________________________________ ____________________________________________
Phone No. Firm Fax No. Phone No. Firm Fax No.
______________________________________________ ____________________________________________
Selling Broker’s E-mail Address Listing Broker’s E-mail Address
Form 21 ©Copyright 2011
Residential Purchase & Sale Agreement Northwest Multiple Listing Service
Rev. 8/11 ALL RIGHTS RESERVED
Page 2 of 5
Continued
Initials: BUYER: _________________ Date: _____________ SELLER: ________________ Date: ___________
BUYER: _________________ Date: _____________ SELLER: ________________ Date: ___________
RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT
GENERAL TERMS
a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless
otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance
with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other
property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement.
b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance of this Agreement to
Selling Broker who will deposit any check to be held by Selling Firm, or deliver any Earnest Money to be held by Closing
Agent, within 3 days of receipt or mutual acceptance, whichever occurs later. If the Earnest Money is held by Selling
Firm and is over $10,000.00 it shall be deposited into an interest bearing trust account in Selling Firm’s name provided
that Buyer completes an IRS Form W-9. Interest, if any, after deduction of bank charges and fees, will be paid to Buyer.
Buyer shall reimburse Selling Firm for bank charges and fees in excess of the interest earned, if any. If the Earnest
Money held by Selling Firm is over $10,000.00 Buyer has the option to require Selling Firm to deposit the Earnest
Money into the Housing Trust Fund Account, with the interest paid to the State Treasurer, if both Seller and Buyer so
agree in writing. If the Buyer does not complete an IRS Form W-9 before Selling Firm must deposit the Earnest Money
or the Earnest Money is $10,000.00 or less, the Earnest Money shall be deposited into the Housing Trust Fund
Account. Selling Firm may transfer the Earnest Money to Closing Agent at Closing. If all or part of the Earnest Money is
to be refunded to Buyer and any such costs remain unpaid, the Selling Firm or Closing Agent may deduct and pay them
therefrom. The parties instruct Closing Agent to provide written verification of receipt of the Earnest Money and notice of
dishonor of any check to the parties and Brokers at the addresses and/or fax numbers provided herein.
Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest
Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent.
If either party fails to execute the release form, the other party may make a written demand to the Closing Agent for the
Earnest Money. If only one party makes such a demand, Closing Agent shall promptly deliver notice of the demand to
the other party. If the other party does not object to the demand within 10 days of Closing Agent’s notice, Closing Agent
shall disburse the Earnest Money to the party making the demand. If Closing Agent complies with the preceding
process, each party shall be deemed to have released Closing Agent from any and all claims or liability related to the
disbursal of the Earnest Money. The parties are advised that, notwithstanding the foregoing, Closing Agent may require
the parties to execute a separate agreement before disbursing the Earnest Money. If either party fails to authorize the
release of the Earnest Money to the other party when required to do so under this Agreement, that party shall be in
breach of this Agreement. Upon either party’s request, the party holding the Earnest Money shall commence an
interpleader action in the county in which the Property is located. For the purposes of this paragraph, the term Closing
Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader
action to deduct up to $500.00 for the costs thereof.
c. Included Items. Any of the following items, including items identified in Specific Term No. 5 if the corresponding box is
checked, located in or on the Property are included in the sale: built-in appliances; wall-to-wall carpeting; curtains,
drapes and all other window treatments; window and door screens; awnings; storm doors and windows; installed
television antennas; ventilating, air conditioning and heating fixtures; trash compactor; fireplace doors, gas logs and gas
log lighters; irrigation fixtures; electric garage door openers and remotes; water heaters; installed electrical fixtures;
lighting fixtures; shrubs, plants and trees planted in the ground; all bathroom and other fixtures; and all associated
operating equipment. If any of the above Included Items are leased or encumbered, Seller shall acquire and clear title at
or before Closing.
d. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing.
The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions,
presently of record and general to the area; easements and encroachments, not materially affecting the value of or
unduly interfering with Buyer’s reasonable use of the Property; and reserved oil and/or mining rights. Monetary
encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be
conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer’s interest in a Real Estate
Contract, the Statutory Warranty Deed shall include a buyer’s assignment of the contract sufficient to convey after
acquired title.
e. Title Insurance. Seller authorizes Buyer’s lender or Closing Agent, at Seller’s expense, to apply for the then-current
ALTA form of Homeowner’s Policy of Title Insurance for One-to-Four Family Residence, from the Title Insurance
Company. If Seller previously received a preliminary commitment from a Title Insurance Company that Buyer declines
to use, Buyer shall pay any cancellation fees owing to the original Title Insurance Company. Otherwise, the party
applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. If the Title Insurance
Company selected by the parties will not issue a Homeowner’s Policy for the Property, the parties agree that the Title
Insurance Company shall instead issue the then-current ALTA standard form Owner’s Policy, together with
homeowner’s additional protection and inflation protection endorsements, if available. The Title Insurance Company
shall send a copy of the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary
commitment, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and
Exceptions in the Policy and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
Form 21 ©Copyright 2011
Residential Purchase & Sale Agreement Northwest Multiple Listing Service
Rev. 8/11 ALL RIGHTS RESERVED
Page 3 of 5
Continued
Initials: BUYER: _________________ Date: _____________ SELLER: ________________ Date: ___________
BUYER: _________________ Date: _____________ SELLER: ________________ Date: ___________
RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT
GENERAL TERMS
made so insurable prior to the Closing Date, then as Buyer’s sole and exclusive remedy, the Earnest Money shall,
unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described
in this Agreement, and this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance
or damages as a consequence of Seller’s inability to provide insurable title.
f. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. If the Closing Date falls
on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed,
the Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when
the county recording office is closed. “Closing” means the date on which all documents are recorded and the sale
proceeds are available to Seller. Seller shall deliver keys and garage door remotes to Buyer on the Closing Date or on
the Possession Date, whichever occurs first. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date.
Seller shall maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to
possession. If possession transfers at a time other than Closing, the parties agree to execute NWMLS Form 65A
(Rental Agreement/Occupancy Prior to Closing) or NWMLS Form 65B (Rental Agreement/Seller Occupancy After
Closing) (or alternative rental agreements) and are advised of the need to contact their respective insurance companies
to assure appropriate hazard and liability insurance policies are in place, as applicable.
g. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031
like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the
cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys’ fees and
costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating
party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a
Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the
purposes of completing a reverse exchange.
h. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the
escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest,
and lienable homeowner’s association dues shall be prorated as of Closing. Buyer shall pay Buyer’s loan costs,
including credit report, appraisal charge and lender’s title insurance, unless provided otherwise in this Agreement. If any
payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such
delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if,
prior to Closing, Seller obtains a written statement as to the quantity and current price from the supplier. Seller shall pay
all utility charges, including unbilled charges. Unless waived in Specific Term No. 14, Seller and Buyer request the
services of Closing Agent in disbursing funds necessary to satisfy unpaid utility charges in accordance with RCW 60.80
and Seller shall provide the names and addresses of all utilities providing service to the Property and having lien rights
(attach NWMLS Form 22K Identification of Utilities or equivalent).
Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or
other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that
are encumbrances at the time of Closing, or that are or become due on or before Closing. Charges levied before
Closing, but becoming due after Closing shall be paid as agreed in Specific Term No. 15.
i. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all
terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone
else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies,
and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information
and copies of documents concerning this sale.
j. FIRPTA - Tax Withholding at Closing. The Closing Agent is instructed to prepare a certification (NWMLS Form 22E or
equivalent) that Seller is not a “foreign person” within the meaning of the Foreign Investment In Real Property Tax Act.
Seller shall sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA,
Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service.
k. Notices. In consideration of the license to use this and NWMLS's companion forms and for the benefit of the Listing
Broker and the Selling Broker as well as the orderly administration of the offer, counteroffer or this Agreement, the
parties irrevocably agree that unless otherwise specified in this Agreement, any notice required or permitted in, or
related to, this Agreement (including revocations of offers or counteroffers) must be in writing. Notices to Seller must be
signed by at least one Buyer and shall be deemed given only when the notice is received by Seller, by Listing Broker or
at the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and shall be deemed
given only when the notice is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. Receipt by
Selling Broker of a Form 17, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards, Public
Offering Statement or Resale Certificate, homeowners’ association documents provided pursuant to NWMLS Form
22D, or a preliminary commitment for title insurance provided pursuant to NWMLS Form 22T shall be deemed receipt
by Buyer. Selling Broker and Listing Broker have no responsibility to advise of receipt of a notice beyond either phoning
the party or causing a copy of the notice to be delivered to the party's address shown on this Agreement. Buyer and
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
Form 21 ©Copyright 2011
Residential Purchase & Sale Agreement Northwest Multiple Listing Service
Rev. 8/11 ALL RIGHTS RESERVED
Page 4 of 5
Continued
Initials: BUYER: _________________ Date: _____________ SELLER: ________________ Date: ___________
BUYER: _________________ Date: _____________ SELLER: ________________ Date: ___________
RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT
GENERAL TERMS
Seller must keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification
of receipt of a notice.
l. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated
in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the
last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday
or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a
Saturday, Sunday or legal holiday. Any specified period of 5 days or less shall not include Saturdays, Sundays or legal
holidays. If the parties agree that an event will occur on a specific calendar date, the event shall occur on that date,
except for the Closing Date, which, if it falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day
when the county recording office is closed, shall occur on the next day that is not a Saturday, Sunday, legal holiday, or
day when the county recording office is closed. If the parties agree upon and attach a legal description after this
Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual
acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than
on the date the legal description is attached. Time is of the essence of this Agreement.
m. Facsimile and E-mail Transmission. Facsimile transmission of any signed original document, and retransmission of
any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the
Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document. E-mail
transmission of any document or notice shall not be effective unless the parties to this Agreement otherwise agree in
writing.
n. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and
supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall
be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in
electronic form has the same legal effect and validity as a handwritten signature.
o. Assignment. Buyer may not assign this Agreement, or Buyer’s rights hereunder, without Seller’s prior written consent,
unless the parties indicate that assignment is permitted by the addition of “and/or assigns” on the line identifying the
Buyer on the first page of this Agreement.
p. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following
provision, as identified in Specific Term No. 8, shall apply:
i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the
Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure.
ii. Seller’s Election of Remedies. Seller may, at Seller’s option, (a) keep the Earnest Money as liquidated damages
as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller’s actual
damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue
any other rights or remedies available at law or equity.
q. Professional Advice and Attorneys’ Fees. Buyer and Seller are advised to seek the counsel of an attorney and a
certified public accountant to review the terms of this Agreement. Buyer and Seller agree to pay their own fees incurred
for such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing
party is entitled to reasonable attorneys’ fees and expenses.
r. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00
p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a
signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so
accepted, it shall lapse and any Earnest Money shall be refunded to Buyer.
s. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of the Seller’s
name, shall be considered a counteroffer. If a party makes a counteroffer, then the other party shall have until 9:00 p.m.
on the counteroffer expiration date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not be
effective until a signed copy is received by Seller, by Listing Broker or at the licensed office of Listing Broker. If the
counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer.
t. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the
offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer,
unless sooner withdrawn.
u. Agency Disclosure. Selling Firm, Selling Firm’s Designated Broker, Selling Broker’s Branch Manager (if any) and
Selling Broker’s Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing
Firm’s Designated Broker, Listing Broker’s Branch Manager (if any), and Listing Broker’s Managing Broker (if any)
represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons
affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
Form 21 ©Copyright 2011
Residential Purchase & Sale Agreement Northwest Multiple Listing Service
Rev. 8/11 ALL RIGHTS RESERVED
Page 5 of 5
Continued
Initials: BUYER: _________________ Date: _____________ SELLER: ________________ Date: ___________
BUYER: _________________ Date: _____________ SELLER: ________________ Date: ___________
RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT
GENERAL TERMS
(if any), and Managing Broker (if any) representing both parties as dual agents. If Selling Broker and Listing Broker are
the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her
Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All
parties acknowledge receipt of the pamphlet entitled “The Law of Real Estate Agency.”
v. Commission. Seller and Buyer agree to pay a commission in accordance with any listing or commission agreement to
which they are a party. The Listing Firm’s commission shall be apportioned between Listing Firm and Selling Firm as
specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from
more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their
funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s)
directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to
court costs and reasonable attorneys’ fees. Seller and Buyer agree that the Firms are intended third party beneficiaries
under this Agreement.
w. Cancellation Rights/Lead-Based Paint. If a residential dwelling was built on the Property prior to 1978, and Buyer
receives a Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (NWMLS Form 22J) after
mutual acceptance, Buyer may rescind this Agreement at any time up to 3 days thereafter.
x. Information Verification Period and Property Condition Disclaimer. Buyer shall have 10 days after mutual
acceptance to verify all information provided from Seller or Listing Firm related to the Property. This contingency shall
be deemed satisfied unless Buyer gives notice identifying the materially inaccurate information within 10 days of mutual
acceptance. If Buyer gives timely notice under this section, then this Agreement shall terminate and the Earnest Money
shall be refunded to Buyer. Buyer and Seller agree, that except as provided in this Agreement, all representations and
information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. The
parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations under
this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter related to
this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In addition, Brokers
do not guarantee the value, quality or condition of the Property and some properties may contain building materials,
including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of lawsuits and/or
governmental inquiry because of possible defects or health hazards. Some properties may have other defects arising
after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the expertise to identify
or assess defective products, materials, or conditions. Buyer is urged to use due diligence to inspect the Property to
Buyer’s satisfaction and to retain inspectors qualified to identify the presence of defective materials and evaluate the
condition of the Property as there may be defects that may only be revealed by careful inspection. Buyer and Seller
acknowledge that home protection plans may be available which may provide additional protection and benefit to Buyer
and Seller. Brokers may assist the parties with locating and selecting third party service providers, such as inspectors or
contractors, but Brokers cannot guarantee or be responsible for the services provided by those third parties. The parties
agree to exercise their own judgment and due diligence regarding third-party service providers.
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207

File Properties

Fact Name Details
Form Title The form is officially titled "Residential Purchase & Sale Agreement." It is used for transactions involving residential real estate in Washington State.
Governing Law This form is governed by the laws of the State of Washington, specifically related to real estate transactions.
Purpose The primary purpose of the Nwmls 21 form is to outline the terms and conditions under which a buyer agrees to purchase a property from a seller.
Included Items The form allows for the specification of included items in the sale, such as appliances and fixtures, which must be checked off by the parties involved.
Earnest Money Earnest money is required to demonstrate the buyer's commitment. The form specifies how this money will be held and under what conditions it may be forfeited.
Closing Date The form allows the parties to set a specific closing date, which is crucial for the finalization of the transaction.
Possession Date Buyers can specify when they will take possession of the property, which can be on the closing date or another agreed-upon date.
Default Remedies The form outlines potential remedies in case of default by the buyer, including forfeiture of earnest money or the seller's election of remedies.

Instructions on Utilizing Nwmls 21

Completing the NWMLS 21 form is an important step in the residential real estate transaction process. This form captures essential details about the purchase agreement between the buyer and seller. Following these steps will help ensure that the form is filled out correctly.

  1. Date: Write the current date in the designated space.
  2. MLS No.: Enter the Multiple Listing Service number associated with the property.
  3. Buyer: Fill in the full name(s) of the buyer(s).
  4. Seller: Fill in the full name(s) of the seller(s).
  5. Property: Include the Tax Parcel Number(s) and county, followed by the street address and legal description (attached as Exhibit A).
  6. Included Items: Check any items that are included in the sale, or specify any other items.
  7. Purchase Price: Write the total purchase price of the property.
  8. Earnest Money: Indicate the amount of earnest money, specifying how it will be held and the payment method.
  9. Default: Check one option regarding default remedies.
  10. Title Insurance Company: Provide the name of the title insurance company.
  11. Closing Agent: Specify the closing agent's name or indicate if it is a qualified agent of the buyer's choice.
  12. Closing Date: Enter the anticipated closing date.
  13. Possession Date: Indicate when possession will be granted, either on closing or another specified date.
  14. Offer Expiration Date: Write the date by which the offer will expire.
  15. Services of Closing Agent for Payment of Utilities: Check the appropriate option regarding utility payments.
  16. Charges and Assessments Due After Closing: Check the appropriate option regarding who will assume charges and assessments.
  17. Agency Disclosure: Indicate the representation of the selling and listing brokers.
  18. Addenda: List any additional documents or agreements related to the transaction.
  19. Signatures: Ensure all buyers and sellers sign and date the form, including their addresses, phone numbers, and email addresses.
  20. Broker Information: Fill in the details of the selling and listing firms, including assumed names and contact information.

Important Facts about Nwmls 21

What is the NWMLS Form 21?

The NWMLS Form 21 is a Residential Purchase and Sale Agreement used in Washington State for real estate transactions. It outlines the terms and conditions under which a buyer agrees to purchase a property from a seller. This form includes essential details like the purchase price, included items, earnest money, and the closing process.

What information is required on the NWMLS Form 21?

The form requires specific information, including the date of the agreement, the names of the buyer and seller, the property address, and the tax parcel number. It also asks for the purchase price, earnest money details, closing agent information, and any included items like appliances or fixtures. Additionally, it includes sections for signatures from both parties.

What is earnest money, and how is it handled?

Earnest money is a deposit made by the buyer to show their commitment to purchasing the property. According to the form, the buyer must deliver the earnest money within two days after mutual acceptance of the agreement. It can be held by the selling firm or the closing agent. If the sale does not go through, the earnest money may be forfeited or refunded based on the terms specified in the agreement.

What happens if the buyer defaults on the agreement?

If the buyer fails to complete the purchase without a legal excuse, the seller has options outlined in the form. The seller may choose to keep the earnest money as liquidated damages or pursue other remedies, such as seeking actual damages or specific performance. The agreement clearly states the consequences of default to protect both parties.

Can the closing date be changed?

Yes, the closing date can be adjusted if both parties agree. The form specifies that if the closing date falls on a weekend or holiday, it will be moved to the next business day. However, any changes must be mutually agreed upon and documented in writing.

What is included in the sale of the property?

The form allows for the specification of included items, such as appliances and fixtures. Buyers and sellers can check off items they wish to include in the sale. This can range from built-in appliances to security systems. It’s essential to clarify what is included to avoid disputes later.

What should buyers and sellers do before signing the agreement?

Both parties are advised to seek legal counsel and possibly financial advice before signing the agreement. They should review all terms carefully, ensuring they understand their rights and obligations. This step helps prevent misunderstandings and protects their interests in the transaction.

Common mistakes

Filling out the Nwmls 21 form can be a daunting task, and mistakes can lead to significant delays or complications in a real estate transaction. One common mistake is failing to complete all required fields. Each section of the form must be filled out accurately to avoid confusion later. Missing information can result in delays in processing the agreement or even lead to the rejection of the offer.

Another frequent error is neglecting to specify the earnest money amount. This amount is crucial as it demonstrates the buyer's commitment to the purchase. If this section is left blank or filled out incorrectly, it can create uncertainty about the buyer's intentions and lead to complications during the closing process.

Inaccurate property descriptions also pose a significant risk. Buyers and sellers must ensure that the property address, tax parcel number, and legal description are correct. Mistakes in these details can lead to disputes over the property being sold and may even affect the title insurance.

Additionally, many individuals overlook the importance of checking the appropriate boxes in the included items section. Failing to indicate which appliances or fixtures are included in the sale can lead to misunderstandings and disputes after the agreement is signed.

Another common mistake is not understanding the implications of the default options. Buyers and sellers should carefully consider whether they prefer forfeiture of earnest money or the seller's election of remedies in case of a default. Selecting the wrong option can have serious financial consequences.

Moreover, individuals often forget to sign the form correctly. Both buyers and sellers must sign and date the agreement. Without proper signatures, the contract may be deemed invalid, leading to complications in the transaction.

Lastly, neglecting to provide accurate contact information can hinder communication between parties. Buyers and sellers should ensure that their phone numbers, email addresses, and physical addresses are correct. This information is vital for receiving important updates and notices regarding the transaction.

Documents used along the form

The NWMLS 21 form, also known as the Residential Purchase and Sale Agreement, is a key document in real estate transactions. However, several other forms and documents often accompany it to ensure a smooth process. Below is a list of some commonly used forms that work alongside the NWMLS 21 form.

  • NWMLS Form 22K: This form is used to identify utilities and request the closing agent's services for payment of utilities. It helps clarify which utilities need to be managed during the closing process.
  • NWMLS Form 22E: This certification is necessary for compliance with the Foreign Investment in Real Property Tax Act (FIRPTA). It verifies whether the seller is a foreign person, which affects tax withholding at closing.
  • NWMLS Form 65A: This rental agreement is used when the buyer takes possession of the property before closing. It outlines the terms of occupancy and responsibilities during that time.
  • NWMLS Form 65B: Similar to Form 65A, this document is used when the seller occupies the property after closing. It details the rental terms and conditions for the seller's continued occupancy.
  • NWMLS Form 22D: This form provides homeowners' association documents, which are important for buyers to review. It includes information about rules, fees, and any assessments related to the property.
  • NWMLS Form 22T: This is a preliminary commitment for title insurance. It outlines the terms and conditions under which the title insurance will be provided, ensuring that the buyer receives clear title to the property.

These additional forms and documents play a crucial role in the overall real estate transaction process. They help clarify responsibilities, ensure compliance with regulations, and protect the interests of both buyers and sellers. Understanding these forms can make the buying or selling experience smoother and more transparent.

Similar forms

  • Form 22A - Residential Purchase and Sale Agreement: Similar in purpose, this form also outlines the terms for buying and selling residential property, including purchase price and closing details.
  • Form 22B - Addendum for Financing: This document specifies financing details, similar to how Form 21 addresses payment and earnest money.
  • Form 22C - Addendum for Inspection: This form allows buyers to request inspections, akin to the property condition disclosures in Form 21.
  • Form 22D - Homeowners Association (HOA) Addendum: This document includes HOA-related disclosures, paralleling the property details found in Form 21.
  • Form 22E - FIRPTA Certification: This form addresses tax withholding for foreign sellers, similar to the tax implications mentioned in Form 21.
  • Form 22F - Seller's Disclosure Statement: This document requires sellers to disclose property conditions, akin to the general terms in Form 21 regarding property condition.
  • Form 22G - Lead-Based Paint Disclosure: This form is required for properties built before 1978, similar to the safety disclosures included in Form 21.
  • Form 22H - Rental Agreement: This document outlines rental terms for occupancy before closing, similar to possession terms in Form 21.
  • Form 22K - Utility Identification: This form identifies utility providers, similar to the provisions in Form 21 regarding utility charges and assessments.

Dos and Don'ts

When filling out the Nwmls 21 form, attention to detail is crucial. Here are six important do's and don'ts to keep in mind:

  • Do double-check all information for accuracy, including names, addresses, and dates.
  • Do ensure that all required signatures are present before submission.
  • Do clearly indicate any included items in the sale, such as appliances or fixtures.
  • Do specify the closing date and possession date to avoid confusion later.
  • Don't leave any sections blank; incomplete forms can lead to delays.
  • Don't forget to attach any necessary addenda or exhibits that support your agreement.

By following these guidelines, you can help ensure a smoother transaction process. Properly completing the Nwmls 21 form sets a solid foundation for your real estate agreement.

Misconceptions

Misconceptions about the NWMLS Form 21 can lead to confusion during the real estate transaction process. Here are six common misconceptions and clarifications regarding this form:

  • Misconception 1: The NWMLS Form 21 is only for buyers.
  • This form is designed for both buyers and sellers. It outlines the terms of the agreement, ensuring that both parties have a clear understanding of their rights and responsibilities.

  • Misconception 2: Earnest money is non-refundable.
  • Earnest money can be refundable under certain conditions. If the buyer terminates the agreement within the specified time frame or if the seller cannot provide insurable title, the earnest money may be returned to the buyer.

  • Misconception 3: The closing date is fixed and cannot be changed.
  • The closing date can be adjusted if both parties agree. If the originally scheduled closing date falls on a weekend or holiday, the transaction will automatically move to the next business day.

  • Misconception 4: All included items in the sale are automatically part of the agreement.
  • Included items must be explicitly checked on the form. If an item is not checked, it is not automatically included in the sale, even if it appears in the property.

  • Misconception 5: The buyer is responsible for all closing costs.
  • Closing costs are typically shared between the buyer and seller. The specifics can be negotiated and should be clearly outlined in the agreement.

  • Misconception 6: The form guarantees a successful sale.
  • The NWMLS Form 21 is a legal agreement that outlines the terms of the sale. However, it does not guarantee that the transaction will proceed without issues. Both parties must fulfill their obligations for the sale to be completed successfully.

Key takeaways

  • The Nwmls 21 form is a crucial document used in residential real estate transactions in Washington State.

  • Ensure all parties’ names, dates, and property details are accurately filled out to avoid any confusion later.

  • Earnest money is a significant part of the agreement. It must be delivered within two days of mutual acceptance.

  • Specify who will hold the earnest money—either the selling firm or the closing agent—by checking the appropriate box.

  • Included items, such as appliances and fixtures, should be clearly marked to prevent disputes at closing.

  • The purchase price must be clearly stated, and any contingencies related to financing should be noted.

  • Understand the default options. You must select between forfeiture of earnest money or the seller’s election of remedies.

  • Title insurance is essential. Designate the title insurance company to ensure protection against title issues.

  • Both parties should agree on a closing date and possession date to avoid misunderstandings.

  • Review the agency disclosure section carefully to understand who represents whom in the transaction.

  • Be aware of the cancellation rights, especially concerning lead-based paint disclosures for homes built before 1978.

  • Consult with legal or financial professionals to ensure that all terms are understood and that your interests are protected.