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  • Buyer Closing Order (Unrepresented)

  • 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. 

    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. 

    Here are some further details:

     

    1.  FILLING OUT THE FORM:  Please ensure that when you are entering information into the fields, that you do not put information in all CAPS, or lowercase.  Please enter the information correctly.

    For example, do not put an name as "john smith," it should be typed in as John Smith.  Simiarly, the property address should not be written as "1234 main street," if should be written as 1234 Main Street. 

     

    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;

    D.  Each Buyer must have their own separate email and telephone number; and

    E.  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.

    Again, in the event you do not have any of the information readily available, you can provide it to us at at later time. 

  • PROPERTY FOR SALE ADDRESS

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  • BUYER INFORMATION

  • ENTITY BUYER INFORMATION

  • 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.
  • BUYER ENTITY MAILING ADDRESS

  • BUYER ENTITY ORGANIZATIONAL STRUCTURE AND DOCUMENTS

  • Buyer Member 1

  • Buyer Member 2

  • Buyer Member 3

  • Buyer Member 4

  • BUYER AUTHORITY TO ENTER INTO TRANSACTION

  • BUYER ENTITY NON-FOREIGN STATUS

  • BUYER ENTITY DOCUMENTS

    In this section you will provide copies of any documents you have available which we will need related to the entity. In the event you do not have these documents readily available, don't worry, you will be able to provide them to us later. Just get to gathering them together.
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  • INDIVIDUAL BUYER INFORMATION

    Note: 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. Additionally, if there is more than one Buyer, please provide the contact information for the Buyer who will be the primary point of contact first.
  • ****Each Buyer must have their own separate email address as well as telephone number.  We cannot use one email or telephone number for both****

  • BUYER 1 INFORMATION

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  • BUYER 2 INFORMATION

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  • BUYER 3 INFORMATION

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  • BUYER 4 INFORMATION

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

  • MARRIED COUPLES AND BUYER CLOSINGS

    If married, both husband and wife must attend the closing, or in the case of a mail away packet, but parties must sign. If this is not possible, please let us know ASAP, so that we can prepare a Power of Attorney, or any other documents, and have it approved by your lender if lender approval is required.
  • SEPARATED COUPLES AND PURCHASING PROPERTY 

     

    Separation in North Carolina does not mean that you are able to freely purchase property without your spouse having an interest in the property.  As long as you are legally married, even if you are separated, your spouse has marital rights to your real property unless you both have signed an agreement to release your marital rights. 

    The agreement which needs to be drafted is known as a Freetrader Agreement.  A Freetrader Agreement is a legal document that allows a spouse to “freely trade” which includes purchasing real property after separation without needing to place the soon to be ex-spouse on the deed. Legally speaking, these Agreements allow a spouse to purchase real property in their own name, without creating a marital interest in the property or giving the other spouse rights to the property.

    There is no way around purchasing the property without your spouse having an interest in it.  Even if, you went to another closing attorney's office, and didn't disclose your marital status, or indicated that you were single, and were able to place the deed in your name only, your spouse would still have an interest in the property. (B)

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  • BUYING PROPERTY WHEN DIVORCED 

     

    One of the possible pitfalls you could face if you are divorced and purchasing property is that your divorce may not actually be finaized.  I know it sounds strange, but it happens.

    To be properly divorced under the law, you should have a final divorce decree.  This will ensure that you have protections in place when purchasing your property, and don't have to be involved in litigation where your former spouse attempts to exert some ownership rights.  

    While this may seem a little overboard, we just want to make sure you don't run into something down the road. (B)

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  • BUYER FORWARDING ADDRESS AFTER CLOSING

  • FORWARDING ADDRESS REQUIRED

     

    NOTE:  You must provide our firm with a forwarding address prior to closing.  As soon as you have a forwarding address, please provide the information to us so we can update our records. 

  • BUYER CITIZENSHIP STATUS

  • 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] Buyer [Street Address] [City]

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

    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. 

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  • DUE DILIGENCE PERIOD

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  • EARNEST MONEY DEPOSIT

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  • 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 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

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  • ADDITIONAL EARNEST MONEY

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  • INFORMATION ABOUT THE LENDER

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  • SOURCE OF FUNDS FOR CLOSING

     

    As a practical matter, we must account for the source of all funds which are relevant to the transaction, and verify that the funds are coming from a proper source. This is especially true when a lender is evaluating where the funds are coming from. Generally speaking, all funds must come from you, from a bank account that you own. For cash deposits, there is generally a seasoning period for cash deposits of 60-90 days depending on the lender.

  • BUYER LENDER PACKAGE SIGNING

     

    Each individual lender will have their own polices when it comes to signature. Some allow electronic signature, while others require a "wet signature," and still others allow a combination of both wet and digital signatures.

    Please select the type of signature you would like. In the event your lender requires a signature method other than the one you select, we will update you accordingly. This typically applies to electronic signatures. 

  • 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 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.  

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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.
  • TITLE INSURANCE POLICY

  • Two different types of title insurance exist. A Buyer can choose to purchase title insurance and lenders can elect to do so as well. Lenders will require title insurance by borrowers, in order to secure the lender's security interest in the property.

    Title insurance is used to protect your investment in your property. A Lender will not allow you to waive Title Insurance, whereas in a cash purchase you are free to waive title insurance, especially if you would like the transaction to close faster.

    Even if the purchase is a cash purchase, we recommend you still get title insurance to cover the transaction, although you can buy title insurance after the closing if you so desire.

  • BUYER PROPERTY SURVEY

  • In North Carolina, a property survey is not required to close on the property, however, it can prevent any disputes regarding property disputes in the future. One of the most important parts of a real estate transaction is determining the correct legal description of the property you are purchasing, and to ensure all of the property you think is conveying to you is actually conveying.

  • CATCH ALL INFORMATION ABOUT THE TRANSACTION

  • SELLER NOT REPRESENTED BY A CLOSING ATTORNEY

     

    You indicated that the Seller is not currently represented by another closing attorney, or you don't know if the Seller is represented.  In order to move the transacton along quickly, please provide the Listing Agent with the below link for this Closing Order Form.

    Alternatively, the Listing Agent can go to our website to place and order.  This way we can get the ball rolling faster in the event the Seller is not represented.  

    We will also send a copy to the Listing Agent you identified in the form, but wanted to ask you for assistance as there will a delay in our getting the information to the Agent, and your fingers will be faster than ours to get the transaction rolling! 

    Here is the link to place a Closing Order:  https://hutton.law/closing-order

    Thanks!!!

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