Buyer Closing Order Form

  • Buyer Closing Order Form

  • ****PLEASE ENSURE THE PROPER BOX IS CHECKED, AND THE CORRECT EMAIL ADDRESS FOR THE INDIVIDUAL FILLING OUT THE FORM****

  • ****PLEASE DO NOT TYPE IN ALL LOWER CASE OR ALL CAPITAL LETTERS.****

    When you input data, type as "John Smith," "1234 Main Street," NOT "john smith,"JOHN SMITH," etc.

    Thanks!

  • Have you submitted an Agent Information Sheet to obtain a prefill link? NOTE: If you have worked with us in the past, select "Yes." We may have already established a prefill for you.*

  • BROKER PREFILL

     ****EMAIL SHOULD BE ALL LOWERCASE

    ****CLICK THE "PREFILL BROKER INFO" BUTTON" TWICE AFTER YOU ENTER YOUR EMAIL

  • ****MAKE SURE YOU CLICKED "PREFILL BROKER INFO" BUTTON" TWICE

  • Are you a Broker acting on behalf of your Client, or are you the Client?*
  • Are you representing both sides of the transaction*

  • BUYER INSTRUCTIONS

     

    The Buyer Closing Information Sheet is used to provide our office with enough information to begin the transaction.  It also helps faciliate the transfer of information to us in an orderly manner, in order to limit the amount of times we must request details about certain aspect of the transaction from you, or your Agent. 

    It also serves as a check against any information provided to us in the Purchase Contract, and to ensure that there is a common understanding of all of the terms and conditions of the Purchase Contract between the parties. 

    While we ask for certain documents to help us complete the transaction, if you do not have the information readily available, you can provide us with the requested documents at a later time. 

    As a reminder, your Agent is your bestfriend throughout the process.  In the event you have questions about anything you are required to complete on this form, your Agent can help, or you can send us a message about certain questions. 

    Here are some further details:

     

    1.  PREFILLED FORM:  The form is prefilled with answers your Agent has provided to us when they submitted your Closing Order.  The information contained under the Buyer Information heading is what you should pay particular attention to.  

    DO NOT CHANGE ANY OF THE INFORMATION THE AGENT PROVIDED IN THE FORM WHICH PERTAINS ONLY TO THE AGENT OR THE AGENT'S BROKERAGE.

     

    2.  BUYER'S INFORMATION:  As stated above, the Buyer's Information is the most Important for you.  It is important that you ensure:

    A. All names are spellled correctly; 

    B.  If there is a middle name for any of the parties, that a middle name is spelled out in full.  The same is true for suffixes such as, Jr. Sr., III, etc.; 

    C.  That you upload any of the required documents if you have the documents readily available.  In the event you do not have the documents readily available, you can provide them to us later; and

    D.  Complete all the information contained in the form.

     

    3. DOCUMENTS/INFORMATION TO GATHER: You should have received an email from us with some additional documents you should have prior to filling out the Closing Information Sheet.  As a refresher, please ensure you have the following readly available:

    A.  Lender Information:  Contact information for your lender and a copy of your preapproval letter.  The contact information for your lender should be a direct email address and telephone number of your lender, not a general email address;

    B.  Cash Purchase Information:  Please have a copy of proof of funds, which should set forth that you in fact have the funds available.  Additionally, the proof of funds should also have contact information for the relevant financial instiution that is certifying the funds are available; 

    C.  Appraisals and Inspections:  In the event any appraisals and inspections have already been completed, please have the date of completion, and as well as any reports that were generated available; and

    D.  Property Occupancy:  In the event the property is occupied, please have copies of any leases, or other documents, provided to you by the current owner.

     

    Please Note: We will request other information from you, and also provide you with additional documents for your signature. This will be provided in a secure link.

  • AGENT INSTRUCTIONS

     

    The Buyer Closing Information Sheet is used to provide our office with enough information to begin the transaction.  It also helps faciliate the transfer of information to us in an orderly manner, in order to limit the amount of times we must request details about certain aspect of the transaction from you, or your Client. 

    We know that most closing attorney offices only have the Seller/Agent complete a one or two page sheet, but then you are left with multiple requests for information, or something is missed late in the process, which invariably delays closing.

    Our goal is to streamline the process as much as possible, to have the transaction closed quickly and efficiently.  Once you submit your portion, and your client submits theirs, we won't have to bug you too much throughout the process.   The total time to complete this form is about 5-10 minutes.

     

    CLOSING ORDER WORKFLOW

     

    Once you submit your portion of the form, the Buyer will receive an email to complete their portion on the Closing Information Sheet.  The Closing Information Sheet is essentially the same form as the one you are filling, out, with the Buyer responsible for more information and documents, which you do not have in your possession. 

    Once the Buyer submits their portion, the form is complete, and all parties will receive a copy of the completed Closing Information Sheet. 

     

    Some of the things you might want to gather to help you complete the information sheet include:

    1.  Contact information for the Listing Agent if we are not handling both sides of the transaction;

    2.  Contact information for the Seller's attorney if we are not handling both sides of the transaction (we can also get this from the Listing Agent);

    3.  Due Diligence payment receipts and information; 

    4.  Builder Deposit receipts;

    5.  Copy of the Buyer's preapproval letter, or proof of funds if it is a cash (we can get this from you later if you don't have it readily available); and

    6.  If the property is tenant occupied, any documents or information provided to you by the owner or property management company, as well as contact information for the property management company if you have it handy (we can also get this information from the Listing Agent). 

    Again, if you don't have the information currently in your posesssion, you can provide the documents to us later.

    *****PLEASE DON'T TYPE IN ALL LOWERCASE, OR IN ALL CAPS*****

    Information should be entered as John Smith, not john smith or JOHN SMITH.

    Last, we ask that you assist us with the naming of files.  Please upload files in the following format.  It's not mandatory, but it just helps us a litte on our end:

    NOTE: Please label the file in the following format: [Document Name] Buyer [Street Address] [City]

  • PROPERTY FOR SALE ADDRESS

  • *****PLEASE DON'T TYPE IN ALL LOWERCASE, OR IN ALL CAPS 

    Information should be entered as John Smith, not john smith or JOHN SMITH.*****

  • What is the closing/settlement date (Buyer)*
     - -
  • Is there an HOA*
  • Type of Property*

  • INFORMATION ABOUT THE BROKER

  • Have you had a real estate transaction with our firm before? (A)*
  • Have you previously completed a Broker information sheet for our firm? (A)*
  • Has any of your previously submitted information changed, such as name, address, email, telephone number, or brokerage you are currently employed by? NOTE: If you have previously completed an information sheet, you will only be required to submit your name and email address. (A)*

  • NO BROKER CHANGES NEEDED

    Well welcome back! Just fill out your name and email below, and we will link the information we already have for you. Let's get rolling!
  • Format: (000) 000-0000.

  • INFORMATION ABOUT THE BROKERAGE

  • Do you currently work for a brokerage, or are you the owner of a brokerage? NOTE: This does not include your separate team. You will enter information about teams later. (AB)*
  • Is the brokerage address the same as your address? (AB)*
  • Are you the BIC (AB)*

  • INFORMATION ABOUT THE BIC

  • Format: (000) 000-0000.

  • Buyer Transaction Coordinator Information (BTC)

  • Do you have a transaction coordinator that you want kept in the loop? (TC)*
  • Format: (000) 000-0000.

  • AGENT COMPENSATION

  • Is the buyer's agent commission a percentage or flat fee (BAC)*

  • BUYER AGENT COMMISSION PAYMENT INFORMATION

    We offer wire transfer to all Agents for the payment of commission fees, at no expense to you. This makes it easy and convenient for you to be paid, as the funds will be disbursed at the same time all other parties to the transaction are paid. It alleviates the need for us to mail a commission check to you, or for you to schedule a time to pick your check up.
  • How would you like to receive your commission check? (AC)*

  • MAILING ADDRESS FOR SELLER AGENT COMMISSION CHECK

  • Is the address to mail your commission check the same as your brokerage address? (AC)*

  • INFORMATION ABOUT THE LISTING AGENT

  • Do you have contact information for the Listing Agent?*
  • Format: (000) 000-0000.

  • INFORMATION ABOUT SELLER'S CLOSING ATTORNEY

  • Is Hutton Law Firm working both sides of the transaction? We would like to think so, but can't be too sure! (SCA)*
  • Which side of the transaction is Hutton Law Firm working? (SCA)*
  • Is the Seller represented by a closing attorney? (SCA)*
  • Which contact/information about the seller's closing attorney's office do you have? NOTE: You can select multiple. If you don't have the information readily available, you don't have to fish around for it. We will get it from the Seller's Agent if you don't have it on hand. (SCA)*
  • Format: (000) 000-0000.
  • Format: (000) 000-0000.

  • BUYER INFORMATION

  • Is the buyer an individual(s) or a corporate entity? (BE)*

  • ENTITY BUYER INFORMATION

  • What type of entity is this? (BE)*

  • ****EACH BUYER CONTACT MUST HAVE THEIR OWN INDIVIDUAL EMAIL ADDRESS AND PHONE NUMBER****

  • BUYER ENTITY CONTACT INFORMATION

    Please provide the contact information for the officer/representative of the entity who will serve as the point of contact for questions concerning this transaction. NOTE: This individual should also have authority granted under the corporate resolution, amendments, or other agreements, as applicable, to enter into the transaction.
  • Format: (000) 000-0000.
  • Is the contact address the same as the address of the property being sold? (BEC)*

  • BUYER ENTITY MAILING ADDRESS

  • Is the mailing address for the entity the same as the point of contact address? (BECM)*

  • INDIVIDUAL BUYER INFORMATION

    Note: EACH BUYER MUST HAVE THEIR OWN EMAIL ADDRESS AND TELEPHONE NUMBER. The Seller address is the address where the Seller is currently located. Please include the full legal name for each party. For example, if your name is Elizabeth, don't use "Beth" as your first name. Also include the FULL MIDDLE NAME.
  • How many individuals are purchasing the property? NOTE: If Buyers are married, even though only one spouse may be purchasing the Property, please select 2. (B)*

  • BUYER 1 INFORMATION

  • Is Buyer 1's Mailing Address the same as the property being sold? NOTE: If the Buyer is not currently living in the property, you must provide the Buyer's current address, not the property for sale address. (B1)*
  • Format: (000) 000-0000.
  • Buyer's Marital Status (B1)*

  • BUYER 2 INFORMATION

  • Is Buyer 2's Mailing Address the same as Buyer 1? NOTE: If the Buyer is not currently living in the property, you must provide the Buyer's current address, not the property for sale address. (B2)*
  • Format: (000) 000-0000.
  • Buyer 2's Marital Status (B2)*

  • BUYER 3 INFORMATION

  • Is Buyer 3's Mailing Address the same as Buyer 1? NOTE: If the Buyer is not currently living in the property, you must provide the Buyer's current address, not the property for sale address. (B3)*
  • Format: (000) 000-0000.
  • Buyer 3's Marital Status (B3)*

  • BUYER 4 INFORMATION

  • Is Buyer 4's Mailing Address the same as Buyer 1? NOTE: If the Buyer is not currently living in the property, you must provide the Buyer's current address, not the property for sale address. (B4)*
  • Format: (000) 000-0000.
  • Buyer 4's Marital Status (B4)*
  • Are the Buyers married to each other*
  • Which Buyer will serve as the Primary Point of Contact for the transaction. Don't worry, you don't have to scroll back through to identify the Buyer by number. The point of contact will populate with the name of the POC when you check a box. (B)

  • THE FOLLOWING BUYER WILL SERVE AS THE POINT OF CONTACT FOR THIS TRANSACTION:

  • INFORMATION ABOUT THE TRANSACTION

  • OFFER TO PURCHASE AND ADDENDA

  • Please upload a copy of the Offer to Purchase Agreement, as well as any addenda relevant to the transaction. You must upload even if you have sent us a copy via email.

    When uploading the documents, each document should be their own separate attachement.  In the event you have combined the Offer to Purchase Agreement and Addenda into one document, don't worry, you don't have to go back and separate the Agreement into individual files, you can just upload it as one file. 

    NOTE: Please label the file in the following format: [Document Name] Seller [Street Address] [City]

    For example:  Offer to Purchase Seller 1234 Main Street Fayetteville; FHA/VA Addendum Seller 1234 Main Street Fayetteville, etc. 

    DO NOT USE THE REAL ESTATE COMMISSION FORM NUMBER.  PLEASE LABEL THE FILE WITH THE COMMON NAME FOR THE FORM.

    Each place you are to upload documents throughout the closing process provides details on how to label them, you can cut and paste the template for each document to make it easier. 

  • Do you have a copy of the Offer to Purchase SIGNED by all parties*
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  • How many Addenda to the Agreement are there?*
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  • Is there a Due Diligence Period (B)*
  • Due Diligence Period End Date (B)*
     - -
  • Is Due Diligence Money Required (B)*
  • What is the date the Due Diligence Money is due? (B)*
     - -
  • Has the Due Diligence Money been provided to the Seller? (B)*
  • Do you have a readily available copy of the receipt for the due diligence payment such as a copy of a cancelled check, wire transfer, or some other documentary evidence showing payment? If not, don't worry, you can provide us with a copy later. (B)*
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  • Is there an Earnest Money Deposit? (B)*
  • What is the date the Earnest Money is due by? (B)*
     - -
  • Have you already made payment of the Earnest Money Deposit to the Seller, or another Escrow Agent, or any other party other than our firm? NOTE: The Seller should not be in possession of the Earnest Money Deposit. The Escrow Agent should be in possession of the Earnest Money up until closing, or termination of the Agreement. If the funds have already been provided to another escrow agent, we will have to obtain custody of the funds (B)*
  • Which party have you provided the Earnest Money payment? (B)*
  • D (B)
  • Do you have contact information for the Escrow Agent? (B)*

  • HOW TO GET THE EARNEST MONEY DEPOSIT TO US

     

    If we are the Escrow Agent for the transaction, all Earnest Money Deposits will be transferred to us by wire transfer.  We do not accept earnest money by check, money order, or cash.  We will provide you with wire transfer instructions shortly via secure means.  Prior to transferring any money to our firm, you must sign the Engagement Letter you received.

    In the event you have provided the Earnest Money Deposit to someone else, and we are the Escrow Agent for this transaction, we will arrange to have the money transferred to our account, and provide you with documentation that we are in receipt.

    Do not attempt to transfer your Earnest Money Deposit to us until such a time as you receive wire instructions from us, and your letter of engagement is executed. (B)

  • BUILDER DEPOSIT

  • Is there a Builder Deposit?*
  • Builder Deposit Due Date (B)*
     - -
  • Have you paid the Builder Deposit? NOTE: We do not hold Builder Deposits. Builder Deposits must be provided directly to the Builder. (B)*
  • Date Builder Deposit Provided (B)*
     - -
  • Do you have a readily available copy of the receipt for the Builder Deposit such as a copy of a cancelled check, wire transfer, or some other documentary evidence showing payment? If not, don't worry, you can provide us with a copy later. (B)*
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  • ADDITIONAL EARNEST MONEY

  • Is there Additional Earnest Money*
  • Additional Earnest Money Due Date. (B)*
     - -
  • PAYMENT OF ADDITIONAL EARNEST MONEY. Have you already made payment of the Additional Earnest Money Deposit to the Seller, or another Escrow Agent, or any other party other than our firm? NOTE: The Seller should not be in possession of the Earnest Money Deposit. The Escrow Agent should be in possession of the Earnest Money up until closing, or termination of the Agreement. (B)*
  • Date Additional Earnest Money Provided (B)*
     - -
  • ADDITIONAL EARNEST MONEY RECEIPT. Do you have a readily available copy of the receipt for the Additional Earnest Money such as a copy of a cancelled check, wire transfer, or some other documentary evidence showing payment? If not, don't worry, you can provide us with a copy later. (B)*
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  • INFORMATION ABOUT THE LENDER

  • Is this a cash transaction? (LC)*
  • Is there a preapproval? (LC)*
  • PREAPPROVAL LETTER. Have you submitted a preapproval letter to the Seller (LC)*
  • Do you have a copy of the preapproval letter readily available? If not, you can provide to us later. (LC)*
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  • Do you have a direct point of contact for your lender? (LC)*
  • Format: (000) 000-0000.
  • Is there an expiration date for the loan rate? (LC)*
  • What is the expiration date for the loan rate? (LC)*
     - -
  • Type of Loan*

  • CASH TRANSACTION

  • CASH SOURCE OF FUNDS FOR CLOSING 

     

    Although you are purchasing the property for cash, there are some additional considerations when it comes to cash purchases, and the source of the funds for the transaction. The requirements are a little less stringent than when a lender is involved in the process, but there are still a few legal requirements.

  • WHOLESALE OR ASSIGNMENT. Is this a wholesale purchase, or an otherwise assignment of the contract? (CP)*

  • WHOLESALE OR ASSIGNMENT OF CONTRACT 

     

    Please note that over recent years North Carolina has made some changes to the way a closing can occur when there is an assignment of contract, or wholesaling of the property.  There are two ways to conduct the transaction in order for it to meet the legal requirements in North Carolina. 

    Option 1:  The source of funds must come directly from the Buyer.  What this means is that the Buyer has the cash on hand before closing in order to complete the transaction.  This is known as an A to B transaction.  This does not require disclosure of the wholesale transaction.  The next transaction would occur from B to C to complete the wholesale deal. 

    Option 2:  The Buyer does not have the funds on hand, but will secure the funds from a loan from another party.  This loan is usually what is called a hardmoney lender.  The hard money lender is not a party to the transaction other than providing funds.  In this case, in the event the original offer to purchase was for a cash transaction, an addendum must be drafted to change the offer to a financed offer.  The downside to this is that the Seller can potentially terminate the agreement due to financing. After the A to B transaction, B is then free to sell the property to C. 

    Option 3:  The wholesale transaction can take place with full disclosure to all parties in the transaction.  This is commonly referred to as an A to B and B to C transaction, where C is providing the money to A for the purchase of the property.  In this situtation A, who is the Seller, will be provided full disclosure of the ultimate price C is paying for the property, as well as B's profits.  The same holds true for C being aware of the accepted offer of A. 

    Prohibited Transaction:  North Carolina does not allow C to finance the deal without full disclosure to all parties.  This is expressly prohibited.  

  • SUBJECT TO TRANSACTION? Is this a "Subject To" transaction where the buyer is assuming the mortgage or other financial obligation of the seller? (CP)*
  • AVAILABILITY OF CASH. Do you currently have the cash on hand for the purchase? (CP)*
  • Will you have the required cash prior to closing? (CP)*
  • CASH PROOF OF FUNDS. Have you submitted a proof of funds to the Seller? (CP)*
  • CASH PROOF OF FUNDS. Do you have a copy of the proof of funds readily available? If not, you can provide to us later. (CP)*
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  • What is your source of funds for the transaction? (CP)*
  • Does the hard money lender, or family/friend loan, require a deed of trust be executed, or some other legal document which states their interest in the property until the debt is repaid? (CP)*
  • Have any documents been executed setting forth any terms and conditions of the hard money loan, or loan from a family or friend? NOTE: This can include emails, and does not have to necessarily include a formal contract. (CP)*
  • HARD MONEY/FAMILY LOAN. Do you have a copy of the agreement readily available? If not, you can provide to us later. (CP)*
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  • CASH CLOSING DOCUMENTS AND SIGNATURE

    One of the many benefits of a Cash transaction is the streamlined process when it comes to closing the deal. There are usually no documents which require a wet signature, except for those that may be required by the Seller as part of the purchase agreement. In such light, it is not necessary for you to come to our office unless it is your desire to do so.
  • How would you like to sign closing package once it is prepared (CP)*

  • PROPERTY OCCUPANCY AND DELIVERY

  • NOTE: A tenant includes any person other than the property owner, even if the tenant is not paying rent, such as a family member living in the property. If you are the Buyer, and currently living in the property, you will also check tenant.

  • Will the property be a primary residence or an investment property? (BO)*
  • Is the property currently occupied? (BO)*
  • Who currently occupies the property? (BO)*

  • Property Owner Occupied Property

  • Will there be a rent/lease back period after closing? (BO)*
  • Has the rent/lease back agreement been documented in writing, and signed by all parties? (BO)*
  • Would you like for us to prepare a rent/lease back agreement? (BO)*
  • What is the termination date of the rent/lease back? (BO)*
     - -
  • Have you previously uploaded a copy of the rent/lease back agreement? (BO)*
  • Do you have a copy of the rent/lease back agreement readily available that you can upload? NOTE: If you don't have a copy readily available, don't worry, you can upload a copy later. (BO)*
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  • Tenant Occupied Property

  • Who manages the property? (BO)*
  • Do you have contact information for the property management company or landlord? (BO)*
  • Have you been provided with a copy of the lease agreement(s)? (BO*
  • Do you have a copy of the lease agreement readily available that you can upload? NOTE: If you don't have a copy readily available, don't worry, you can upload a copy later. (BO)*
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  • Have you been provided with a copy of the rent ledger? (BO)*
  • Do you have a copy of the rent ledger readily available that you can upload? NOTE: If you don't have a copy readily available, don't worry, you can upload a copy later. (BO)*
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  • Will the property be delivered vacant or occupied? (BO)*

  • Estoppel Certification

  • Estoppel Certification

     

    An Estoppel Certification is a document that is executed and signed by the tenant, which sets forth the essential terms of the tenancy.  Some of the things that are addressed in an Estoppel Certification include:

    1.  The term of the lease, as well as the expiration;

    2.  The monthly rental amount;

    3.  The location of the tenant security deposit; 

    4.  Any known issues with the property; 

    5.  The payment history of the tenant; and

    6.  A certification that everything in the Estoppel Certification is true, and that no other promises have been made to the tenant. 

    In order to protect your purchase, and Estoppel Certification should be executed whether you are buying the property as an investment, and will continue to rent out the property to the current tenant or others; or when you are buying the property as a primary residence, with the expectation that the property will be vacant upon closing.  

    We highly recommend you have an Estoppel Certification prepared by our office.

  • Have you provided the Seller with an Estoppel Certificate? (BO)*
  • Do you have a copy of the Estoppel Certificate readily available that you can upload? NOTE: If you don't have a copy readily available, don't worry, you can upload a copy later. (BO)*
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  • PROBATE, ESTATE AND FORECLOSURE SALES

  • PROBATE: Is this a property that was acquired, or is in the process of being acquired, through the death of the original owner of the property? In other words, is this a probate or estate sale, or was the property acquired by the death of the immediate previous owner.*
  • Has the probate process been started or completed?*
  • Has the court appointed an executor/administrator of the estate?*
  • FORECLOSURE: Is the property currently going through foreclosure or pre-foreclosure proceedings*

  • CATCH ALL INFORMATION ABOUT THE TRANSACTION

  • Type a question
  • Should be Empty: