再一次。, the seller may be subject to certain requirements of the lender about which a real estate licensee should be careful not to advise his client. 相反，这个问题应该由卖方直接问卖方的律师.
Should the second offer not be accepted by the seller until the lender has an opportunity to either accept or reject the first contract?
Are the seller and listing broker obligated to submit the second offer or back-up contract to the lender though the lender has not yet accepted or declined the first contract?
这个问题取决于卖方和卖方的贷款人之间的关系. 作为一个2021十大正规彩票app许可人, you should be careful not to advise the seller on this relationship; encourage your seller to seek the advice of an attorney.
If a sales contract is executed by a buyer and seller with a sales price of less than what the seller owes and the sale is subject to the lender's approval, 大联盟的状态应该如何反映?
每个MLS都制定并执行自己的规则, so consult your MLS to discover if there is an answer that could be unique to that MLS. 一般来说，状态应该是“待定”." Any time a contract is executed on a listing, the MLS status should be changed to "pending.“记住, 尽管这笔交易还需得到贷款机构的批准, 一旦买方和卖方执行合同, 它是有效的.
我是一名经纪人，持有由买方和卖方签署的销售合同. 出售须经贷款人批准. 合同在执行时有效吗, 还是在卖方获得贷款人批准后才生效?
合同在执行时有效. 尽管这笔交易还需要得到贷款人的批准, 买卖双方之间仍有一份合同. 合同生效不经贷款人批准, 所以应该像所有合同一样填写生效日期.
的 卖空增编 (TAR 1918) should always be attached to the contract in this situation to protect both the buyer and the seller because there is a contractual agreement between the parties where each has certain performance requirements and because the seller's ability to perform under the contract is subject to the lender’s approval. 的 addendum makes it clear that the contract is binding upon execution by the seller and the buyer, 定金和期权费必须按合同约定支付.
Are listing agents permitted to list a property in MLS for less than what is owed by the seller in an attempt to entice offers, even though the seller cannot accept full-price offers due to the his inability to cover the difference between the full price offer and the amount owed on the property?
有两个因素需要考虑. 第一个, the seller has agreed in the listing agreement between the seller and the listing agent to sell the property for the stated listing price. 技术上来说, 如果准备好了, 愿意, and able buyer presents an offer for the listing price as advertised in the MLS and the seller refuses or is unable to accept the offer because the seller cannot cover the difference, 上市经纪人的费用已赚取并应支付. 第二个, REALTOR®会员有义务遵守职业道德守则第12条, which requires REALTORS® to be honest and truthful in their communications and to at all times present a true picture in their advertisements. It is perfectly foreseeable that a hearing panel could find a member in violation of the code if that member advertises a listing price in the MLS with the full knowledge and understanding that the seller is unable to accept offers at that price. NAR will soon be considering whether to adopt new rules that would better describe how the status of short-sale properties in REALTOR®-affiliated MLSs should be disclosed.
If a higher offer from another prospective buyer is received after a short-sale contract has been accepted by the seller but before the lender approves the first contract, 卖方是否应该使用备用附录接受第二次报价?
是的, 如果卖方选择接受对该物业的备用报价, the seller should attach the back-up addendum in addition to the short-sale addendum.
Doesn't presenting the second offer to the lender in this manner place the lender's interests above those of the seller?
As long as the seller has given the listing broker the instruction to present offers directly to the lender, 上市经纪人免受卖方的责任.
By presenting a second offer to a lender prior to the lender making a decision on a first contract, is the listing broker compromising his fiduciary duty to the seller because the seller's negotiating position with the lender has been damaged?
A listing broker should always act on the instructions of the seller that fall within the scope of the agency relationship between the seller and broker. A listing broker should not present offers to a lender unless the seller instructs the broker to do so. 如果卖方指示上市经纪人向贷款人提出报价, the listing broker has not breached the fiduciary duty that is owed to the seller; rather, 上市经纪人遵照客户的指示行事.