Nwmls 21 Template

Nwmls 21 Template

The Nwmls 21 form is a Residential Purchase and Sale Agreement utilized by the Northwest Multiple Listing Service, designed to facilitate the sale of residential real estate. This form outlines essential details such as the purchase price, included items, and the responsibilities of both the buyer and seller. Understanding this form is crucial for anyone involved in a real estate transaction in Washington State.

To begin the process of filling out the Nwmls 21 form, click the button below.

Table of Contents

The NWMLS Form 21, also known as the Residential Purchase and Sale Agreement, serves as a vital document in the home buying process. This form outlines the essential terms and conditions agreed upon by both the buyer and seller, ensuring a smooth transaction. Key components include the identification of the property, purchase price, and earnest money details, which secure the buyer's intent to purchase. Additionally, the form addresses important aspects such as included items—like appliances and fixtures—and the responsibilities of both parties regarding closing costs and title insurance. Buyers and sellers must also be aware of their rights and obligations, including default provisions and agency disclosures, which clarify the roles of real estate agents involved in the transaction. With its comprehensive structure, the NWMLS Form 21 not only facilitates clear communication between parties but also helps to protect their interests throughout the buying and selling process.

Nwmls 21 Sample

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

RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT

ALL RIGHTS RESERVED

 

Page 2 of 5

 

 

 

 

GENERAL TERMS

 

 

 

 

Continued

 

 

a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless

1

otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance

2

with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other

3

property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement.

4

b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance of this Agreement to

5

Selling Broker who will deposit any check to be held by Selling Firm, or deliver any Earnest Money to be held by Closing

6

Agent, within 3 days of receipt or mutual acceptance, whichever occurs later. If the Earnest Money is held by Selling

7

Firm and is over $10,000.00 it shall be deposited into an interest bearing trust account in Selling Firm’s name provided

8

that Buyer completes an IRS Form W-9. Interest, if any, after deduction of bank charges and fees, will be paid to Buyer. 9

Buyer shall reimburse Selling Firm for bank charges and fees in excess of the interest earned, if any. If the Earnest

10

Money held by Selling Firm is over $10,000.00 Buyer has the option to require Selling Firm to deposit the Earnest

11

Money into the Housing Trust Fund Account, with the interest paid to the State Treasurer, if both Seller and Buyer so

12

agree in writing. If the Buyer does not complete an IRS Form W-9 before Selling Firm must deposit the Earnest Money

13

or the Earnest Money is $10,000.00 or less, the Earnest Money shall be deposited into the Housing Trust Fund 14

Account. Selling Firm may transfer the Earnest Money to Closing Agent at Closing. If all or part of the Earnest Money is

15

to be refunded to Buyer and any such costs remain unpaid, the Selling Firm or Closing Agent may deduct and pay them

16

therefrom. The parties instruct Closing Agent to provide written verification of receipt of the Earnest Money and notice of

17

dishonor of any check to the parties and Brokers at the addresses and/or fax numbers provided herein.

18

Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest

19

Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 20

If either party fails to execute the release form, the other party may make a written demand to the Closing Agent for the

21

Earnest Money. If only one party makes such a demand, Closing Agent shall promptly deliver notice of the demand to

22

the other party. If the other party does not object to the demand within 10 days of Closing Agent’s notice, Closing Agent

23

shall disburse the Earnest Money to the party making the demand. If Closing Agent complies with the preceding 24

process, each party shall be deemed to have released Closing Agent from any and all claims or liability related to the

25

disbursal of the Earnest Money. The parties are advised that, notwithstanding the foregoing, Closing Agent may require

26

the parties to execute a separate agreement before disbursing the Earnest Money. If either party fails to authorize the

27

release of the Earnest Money to the other party when required to do so under this Agreement, that party shall be in

28

breach of this Agreement. Upon either party’s request, the party holding the Earnest Money shall commence an 29

interpleader action in the county in which the Property is located. For the purposes of this paragraph, the term Closing

30

Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader

31

action to deduct up to $500.00 for the costs thereof.

32

c.Included Items. Any of the following items, including items identified in Specific Term No. 5 if the corresponding box is 33 checked, located in or on the Property are included in the sale: built-in appliances; wall-to-wall carpeting; curtains, 34 drapes and all other window treatments; window and door screens; awnings; storm doors and windows; installed 35 television antennas; ventilating, air conditioning and heating fixtures; trash compactor; fireplace doors, gas logs and gas 36 log lighters; irrigation fixtures; electric garage door openers and remotes; water heaters; installed electrical fixtures; 37

lighting fixtures; shrubs, plants and trees planted in the ground; all bathroom and other fixtures; and all associated

38

operating equipment. If any of the above Included Items are leased or encumbered, Seller shall acquire and clear title at

39

or before Closing.

40

d.Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 41 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 42 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 43 unduly interfering with Buyer’s reasonable use of the Property; and reserved oil and/or mining rights. Monetary 44 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 45

conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer’s interest in a Real Estate

46

Contract, the Statutory Warranty Deed shall include a buyer’s assignment of the contract sufficient to convey after

47

acquired title.

48

e.Title Insurance. Seller authorizes Buyer’s lender or Closing Agent, at Seller’s expense, to apply for the then-current 49 ALTA form of Homeowner’s Policy of Title Insurance for One-to-Four Family Residence, from the Title Insurance 50 Company. If Seller previously received a preliminary commitment from a Title Insurance Company that Buyer declines 51 to use, Buyer shall pay any cancellation fees owing to the original Title Insurance Company. Otherwise, the party 52 applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. If the Title Insurance 53 Company selected by the parties will not issue a Homeowner’s Policy for the Property, the parties agree that the Title 54 Insurance Company shall instead issue the then-current ALTA standard form Owner’s Policy, together with 55 homeowner’s additional protection and inflation protection endorsements, if available. The Title Insurance Company 56 shall send a copy of the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary 57 commitment, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and 58 Exceptions in the Policy and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be 59

Initials: BUYER: _________________

Date: _____________

SELLER: ________________

Date: ___________

BUYER: _________________

Date: _____________

SELLER: ________________

Date: ___________

Form 21

 

 

©Copyright 2011

 

Residential Purchase & Sale Agreement

Northwest Multiple Listing Service

Rev. 8/11

RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT

ALL RIGHTS RESERVED

 

Page 3 of 5

 

 

 

GENERAL TERMS

 

 

 

 

Continued

 

 

 

made so insurable prior to the Closing Date, then as Buyer’s sole and exclusive remedy, the Earnest Money shall,

60

unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described

61

in this Agreement, and this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance

62

or damages as a consequence of Seller’s inability to provide insurable title.

 

 

63

f.Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. If the Closing Date falls 64 on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, 65 the Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when 66 the county recording office is closed. “Closing” means the date on which all documents are recorded and the sale 67 proceeds are available to Seller. Seller shall deliver keys and garage door remotes to Buyer on the Closing Date or on 68 the Possession Date, whichever occurs first. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. 69 Seller shall maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to 70 possession. If possession transfers at a time other than Closing, the parties agree to execute NWMLS Form 65A 71

(Rental Agreement/Occupancy Prior to Closing) or NWMLS Form 65B (Rental Agreement/Seller Occupancy After

72

Closing) (or alternative rental agreements) and are advised of the need to contact their respective insurance companies

73

to assure appropriate hazard and liability insurance policies are in place, as applicable.

74

g.Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 75 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 76 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys’ fees and 77 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 78

party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a

79

Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the

80

purposes of completing a reverse exchange.

81

h.Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 82 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 83 and lienable homeowner’s association dues shall be prorated as of Closing. Buyer shall pay Buyer’s loan costs, 84 including credit report, appraisal charge and lender’s title insurance, unless provided otherwise in this Agreement. If any 85 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 86 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 87 prior to Closing, Seller obtains a written statement as to the quantity and current price from the supplier. Seller shall pay 88 all utility charges, including unbilled charges. Unless waived in Specific Term No. 14, Seller and Buyer request the 89

services of Closing Agent in disbursing funds necessary to satisfy unpaid utility charges in accordance with RCW 60.80

90

and Seller shall provide the names and addresses of all utilities providing service to the Property and having lien rights

91

(attach NWMLS Form 22K Identification of Utilities or equivalent).

92

Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or

93

other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that

94

are encumbrances at the time of Closing, or that are or become due on or before Closing. Charges levied before

95

Closing, but becoming due after Closing shall be paid as agreed in Specific Term No. 15.

96

i.Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 97

terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone

98

else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies,

99

and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 100

and copies of documents concerning this sale.

101

j.FIRPTA - Tax Withholding at Closing. The Closing Agent is instructed to prepare a certification (NWMLS Form 22E or 102

equivalent) that Seller is not a “foreign person” within the meaning of the Foreign Investment In Real Property Tax Act. 103 Seller shall sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, 104

Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service.

105

k.Notices. In consideration of the license to use this and NWMLS's companion forms and for the benefit of the Listing 106 Broker and the Selling Broker as well as the orderly administration of the offer, counteroffer or this Agreement, the 107 parties irrevocably agree that unless otherwise specified in this Agreement, any notice required or permitted in, or 108 related to, this Agreement (including revocations of offers or counteroffers) must be in writing. Notices to Seller must be 109 signed by at least one Buyer and shall be deemed given only when the notice is received by Seller, by Listing Broker or 110 at the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and shall be deemed 111 given only when the notice is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. Receipt by 112 Selling Broker of a Form 17, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards, Public 113 Offering Statement or Resale Certificate, homeowners’ association documents provided pursuant to NWMLS Form 114 22D, or a preliminary commitment for title insurance provided pursuant to NWMLS Form 22T shall be deemed receipt 115 by Buyer. Selling Broker and Listing Broker have no responsibility to advise of receipt of a notice beyond either phoning 116 the party or causing a copy of the notice to be delivered to the party's address shown on this Agreement. Buyer and 117

Initials: BUYER: _________________

Date: _____________

SELLER: ________________

Date: ___________

BUYER: _________________

Date: _____________

SELLER: ________________

Date: ___________

Form 21

 

 

©Copyright 2011

Residential Purchase & Sale Agreement

Northwest Multiple Listing Service

Rev. 8/11

RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT

ALL RIGHTS RESERVED

Page 4 of 5

 

 

 

GENERAL TERMS

 

Continued

Seller must keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification 118

of receipt of a notice.

119

l.Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 120 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 121 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 122 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 123 Saturday, Sunday or legal holiday. Any specified period of 5 days or less shall not include Saturdays, Sundays or legal 124 holidays. If the parties agree that an event will occur on a specific calendar date, the event shall occur on that date, 125 except for the Closing Date, which, if it falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day 126 when the county recording office is closed, shall occur on the next day that is not a Saturday, Sunday, legal holiday, or 127 day when the county recording office is closed. If the parties agree upon and attach a legal description after this 128 Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual 129

acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than 130

on the date the legal description is attached. Time is of the essence of this Agreement.

131

m.Facsimile and E-mail Transmission. Facsimile transmission of any signed original document, and retransmission of 132 any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the 133

Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document. E-mail 134 transmission of any document or notice shall not be effective unless the parties to this Agreement otherwise agree in 135

writing.

136

n.Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 137 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 138

be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 139

electronic form has the same legal effect and validity as a handwritten signature.

140

o.Assignment. Buyer may not assign this Agreement, or Buyer’s rights hereunder, without Seller’s prior written consent, 141 unless the parties indicate that assignment is permitted by the addition of “and/or assigns” on the line identifying the 142

Buyer on the first page of this Agreement.

143

p.Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 144

provision, as identified in Specific Term No. 8, shall apply:

145

i.Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 146 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 147

ii.Seller’s Election of Remedies. Seller may, at Seller’s option, (a) keep the Earnest Money as liquidated damages 148 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller’s actual 149

damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 150

any other rights or remedies available at law or equity.

151

q.Professional Advice and Attorneys’ Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 152 certified public accountant to review the terms of this Agreement. Buyer and Seller agree to pay their own fees incurred 153

for such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing 154

party is entitled to reasonable attorneys’ fees and expenses.

155

r.Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 156 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a 157

signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 158

accepted, it shall lapse and any Earnest Money shall be refunded to Buyer.

159

s.Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of the Seller’s 160 name, shall be considered a counteroffer. If a party makes a counteroffer, then the other party shall have until 9:00 p.m. 161 on the counteroffer expiration date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not be 162

effective until a signed copy is received by Seller, by Listing Broker or at the licensed office of Listing Broker. If the 163

counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer.

164

t.Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 165

offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 166

unless sooner withdrawn.

167

u.Agency Disclosure. Selling Firm, Selling Firm’s Designated Broker, Selling Broker’s Branch Manager (if any) and 168 Selling Broker’s Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 169 Firm’s Designated Broker, Listing Broker’s Branch Manager (if any), and Listing Broker’s Managing Broker (if any) 170 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 171 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 172

Initials: BUYER: _________________

Date: _____________

SELLER: ________________

Date: ___________

BUYER: _________________

Date: _____________

SELLER: ________________

Date: ___________

Form 21

 

 

©Copyright 2011

Residential Purchase & Sale Agreement

Northwest Multiple Listing Service

Rev. 8/11

RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT

ALL RIGHTS RESERVED

Page 5 of 5

 

 

 

GENERAL TERMS

 

Continued

(if any), and Managing Broker (if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 173 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 174 Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All 175

parties acknowledge receipt of the pamphlet entitled “The Law of Real Estate Agency.”

176

v.Commission. Seller and Buyer agree to pay a commission in accordance with any listing or commission agreement to 177 which they are a party. The Listing Firm’s commission shall be apportioned between Listing Firm and Selling Firm as 178 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 179 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 180 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 181 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 182

court costs and reasonable attorneys’ fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 183

under this Agreement.

184

w.Cancellation Rights/Lead-Based Paint. If a residential dwelling was built on the Property prior to 1978, and Buyer 185

receives a Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (NWMLS Form 22J) after 186

mutual acceptance, Buyer may rescind this Agreement at any time up to 3 days thereafter.

187

x.Information Verification Period and Property Condition Disclaimer. Buyer shall have 10 days after mutual 188 acceptance to verify all information provided from Seller or Listing Firm related to the Property. This contingency shall 189 be deemed satisfied unless Buyer gives notice identifying the materially inaccurate information within 10 days of mutual 190 acceptance. If Buyer gives timely notice under this section, then this Agreement shall terminate and the Earnest Money 191 shall be refunded to Buyer. Buyer and Seller agree, that except as provided in this Agreement, all representations and 192 information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. The 193 parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations under 194 this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter related to 195 this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In addition, Brokers 196 do not guarantee the value, quality or condition of the Property and some properties may contain building materials, 197 including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of lawsuits and/or 198 governmental inquiry because of possible defects or health hazards. Some properties may have other defects arising 199 after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the expertise to identify 200 or assess defective products, materials, or conditions. Buyer is urged to use due diligence to inspect the Property to 201 Buyer’s satisfaction and to retain inspectors qualified to identify the presence of defective materials and evaluate the 202 condition of the Property as there may be defects that may only be revealed by careful inspection. Buyer and Seller 203 acknowledge that home protection plans may be available which may provide additional protection and benefit to Buyer 204 and Seller. Brokers may assist the parties with locating and selecting third party service providers, such as inspectors or 205

contractors, but Brokers cannot guarantee or be responsible for the services provided by those third parties. The parties 206

agree to exercise their own judgment and due diligence regarding third-party service providers.

207

Initials: BUYER: _________________

Date: _____________

SELLER: ________________

Date: ___________

BUYER: _________________

Date: _____________

SELLER: ________________

Date: ___________

Document Attributes

Fact Name Fact Description
Form Title This form is officially titled the Residential Purchase & Sale Agreement.
Governing Law The form is governed by the laws of the state of Washington.
Form Number The form is designated as NWMLS Form 21.
Copyright This form is copyrighted by the Northwest Multiple Listing Service as of 2011.
Included Items Buyers can specify included items such as appliances and fixtures in the sale.
Earnest Money Earnest money must be delivered within 2 days after mutual acceptance.
Default Options In case of default, the buyer can forfeit earnest money or the seller can choose remedies.
Closing Date The closing date is when the sale is finalized and all documents are recorded.
Possession Date Buyers may take possession of the property on the closing date or another agreed date.
Lead-Based Paint Disclosure If the property was built before 1978, buyers receive a lead-based paint disclosure.

Nwmls 21: Usage Instruction

Filling out the Nwmls 21 form is an important step in the real estate transaction process. This form requires careful attention to detail to ensure that all necessary information is accurately provided. Following these steps will help you complete the form effectively.

  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 names of all buyers involved in the transaction.
  4. Seller: Provide the names of all sellers involved in the transaction.
  5. Property: Enter the Tax Parcel Number(s) and the county where the property is located. Fill in the street address and legal description, which should be attached as Exhibit A.
  6. Included Items: Check the boxes next to the items included in the sale, or write in any additional items not listed.
  7. Purchase Price: State the total purchase price of the property.
  8. Earnest Money: Indicate how the earnest money will be held and specify the amounts for personal check, note, and other forms.
  9. Default: Select one option regarding the consequences of default.
  10. Title Insurance Company: Write the name of the title insurance company that will be used.
  11. Closing Agent: Choose a qualified closing agent or provide the name of your selected agent.
  12. Closing Date: Specify the date on which the closing will occur.
  13. Possession Date: Indicate when possession of the property will be transferred.
  14. Offer Expiration Date: Fill in the date by which the offer must be accepted.
  15. Services of Closing Agent for Payment of Utilities: Choose whether this service is requested or waived.
  16. Charges and Assessments Due After Closing: Select who will assume these charges.
  17. Agency Disclosure: Indicate the representation of the selling and listing brokers.
  18. Addenda: List any additional documents that are part of the agreement.
  19. Signatures: Ensure all buyers and sellers sign and date the form in the designated areas.
  20. Contact Information: Fill in the addresses, phone numbers, and email addresses for all parties involved.
  21. Broker Information: Complete the information for the selling and listing brokers, including assumed names if applicable.

Frequently Asked Questions

  1. What is the NWMLS Form 21?

    The NWMLS Form 21 is a Residential Purchase and Sale Agreement used in Washington State. It outlines the terms and conditions under which a buyer agrees to purchase a property from a seller. This form includes specific details about the property, purchase price, earnest money, and other important elements of the transaction.

  2. What details are required on the form?

    The form requires several key details, including:

    • Date of the agreement
    • MLS number
    • Names of the buyer and seller
    • Property address and tax parcel number
    • Purchase price and earnest money details

    Additionally, it asks for information about included items, closing dates, and agency disclosures.

  3. What is earnest money?

    Earnest money is a deposit made by the buyer to show their commitment to purchasing the property. It is held in trust until the closing of the sale. The amount is typically specified in the agreement and can be forfeited to the seller if the buyer fails to fulfill their obligations under the contract.

  4. What happens if the buyer defaults?

    If the buyer defaults, the agreement specifies two options for the seller:

    • Forfeiture of earnest money
    • Seller’s election of remedies, which may include suing for damages or specific performance

    The choice depends on what is checked in the agreement.

  5. How is title insurance handled?

    The seller authorizes the buyer’s lender or closing agent to apply for title insurance at the seller's expense. This insurance protects the buyer against any title issues that may arise after the purchase. If the title cannot be made insurable before closing, the buyer may receive a refund of the earnest money.

  6. What are the closing costs?

    Closing costs are fees associated with finalizing the real estate transaction. These can include escrow fees, title insurance, and any prorated taxes or homeowner association dues. Typically, the buyer and seller split the escrow fee, but other costs may be assigned based on the agreement.

  7. Can the agreement be modified?

    Yes, the agreement can be modified, but any changes must be made in writing and signed by both the buyer and seller. It's essential to keep all modifications documented to avoid misunderstandings later.

  8. What if the property was built before 1978?

    If the property was built before 1978, the buyer must receive a disclosure regarding lead-based paint hazards. The buyer has the right to rescind the agreement within three days of receiving this information if they choose to do so.

Common mistakes

Filling out the Nwmls 21 form can be a complex task, and many individuals make common mistakes that can lead to complications in the real estate transaction process. Understanding these pitfalls can help ensure a smoother experience for both buyers and sellers.

One frequent mistake is failing to provide complete information in the Buyer and Seller sections. Incomplete names, addresses, or contact details can create confusion and delays. Every field should be filled out accurately to avoid any miscommunication later on.

Another common error involves the Property section, particularly the tax parcel number and street address. Omitting or miswriting this information can lead to disputes over property ownership and may complicate the closing process. Ensuring that this information matches official records is essential.

Buyers often neglect to check the Included Items box, which specifies what appliances and fixtures are part of the sale. Not addressing this can lead to misunderstandings about what is included in the purchase, potentially resulting in disputes after the sale is finalized.

Additionally, mistakes in the Earnest Money section are quite common. Buyers sometimes forget to indicate how the earnest money will be held or fail to provide the correct amounts. This oversight can create issues regarding the handling of funds and may even jeopardize the agreement.

Another area of concern is the Closing Agent selection. Buyers may not clearly specify their choice or fail to provide adequate details about the agent. This lack of clarity can delay the closing process and create unnecessary complications.

Moreover, individuals often overlook the importance of the Offer Expiration Date. Not specifying this date or failing to understand its significance can lead to an expired offer, which might result in missed opportunities for both parties involved.

Lastly, some people fail to sign the document correctly. Incomplete signatures can invalidate the agreement, leading to potential legal challenges. Ensuring that all required signatures are present is crucial for the validity of the form.

By being aware of these common mistakes, individuals can navigate the Nwmls 21 form more effectively, reducing the likelihood of complications and ensuring a smoother transaction process.

Documents used along the form

The NWMLS 21 form, which is the Residential Purchase and Sale Agreement, is often accompanied by several other important documents in real estate transactions. These documents help clarify the terms of the sale, protect the interests of both parties, and ensure a smooth closing process. Below are five common forms that are frequently used alongside the NWMLS 21 form.

  • NWMLS Form 22K: This form is used to identify utilities associated with the property. It helps ensure that all necessary utility services are accounted for and properly managed during the closing process.
  • NWMLS Form 22E: This certification addresses the Foreign Investment in Real Property Tax Act (FIRPTA). It confirms whether the seller is a foreign person and outlines any tax withholding obligations that may apply.
  • NWMLS Form 65A: This form is a rental agreement for occupancy prior to closing. It outlines the terms under which the buyer can occupy the property before the official closing date.
  • NWMLS Form 65B: Similar to Form 65A, this agreement allows the seller to occupy the property after closing. It specifies the conditions and duration of the seller's continued occupancy.
  • NWMLS Form 22J: This form provides information on lead-based paint hazards for properties built before 1978. It is crucial for buyers to understand any potential risks associated with lead paint.

Understanding these documents can greatly enhance the real estate transaction experience. They provide clarity and protection for both buyers and sellers, ensuring that all parties are informed and prepared for the process ahead.

Similar forms

  • Residential Lease Agreement: Similar to the Nwmls 21 form, a Residential Lease Agreement outlines the terms between a landlord and tenant, including payment details, property description, and responsibilities for maintenance and utilities.
  • Purchase and Sale Agreement: This document also serves to formalize the agreement between a buyer and seller regarding the sale of real estate, detailing the purchase price, closing date, and included items.
  • Earnest Money Agreement: Like the Nwmls 21 form, this document specifies the earnest money deposit, its handling, and the consequences of default by either party.
  • Disclosure Statement: This document informs buyers of any known issues with the property, similar to how the Nwmls 21 form addresses property condition and included items.
  • Title Insurance Policy: This document protects against potential title defects, echoing the Nwmls 21 form's provisions regarding title insurance and marketable title.
  • Closing Disclosure: This form outlines the final terms of the loan and closing costs, paralleling the financial details provided in the Nwmls 21 form.
  • Property Management Agreement: This document details the relationship between a property owner and a management company, similar in structure to the Nwmls 21 form's delineation of roles and responsibilities.
  • Home Inspection Agreement: This outlines the terms for a home inspection, akin to the Nwmls 21 form’s provisions for verifying property condition and disclosures.
  • Real Estate Agency Agreement: This document establishes the relationship between a client and a real estate agent, similar to the agency disclosures found in the Nwmls 21 form.

Dos and Don'ts

When filling out the NWMLS 21 form, attention to detail is crucial. The following list outlines ten things you should and shouldn’t do to ensure a smooth process.

  • Do double-check all personal information for accuracy, including names, addresses, and contact details.
  • Don’t leave any fields blank; incomplete forms can lead to delays or complications.
  • Do specify the property details clearly, including the legal description and tax parcel number.
  • Don’t make assumptions about included items; clearly check all boxes for items included in the sale.
  • Do ensure that the earnest money amount is clearly stated and that you understand how it will be held.
  • Don’t forget to sign and date the form; unsigned documents are not valid.
  • Do consult with your real estate agent if you have any questions about the terms or conditions.
  • Don’t rush through the form; take your time to read each section carefully.
  • Do keep a copy of the completed form for your records.
  • Don’t ignore deadlines; be aware of offer expiration dates and other time-sensitive items.

Misconceptions

Here are some common misconceptions about the NWMLS Form 21, also known as the Residential Purchase and Sale Agreement:

  • It is only for buyers. Many believe that the form is exclusively for buyers, but it is designed for both buyers and sellers to outline their agreement.
  • Earnest money is non-refundable. Some think that once earnest money is paid, it cannot be refunded. In reality, it can be returned under certain conditions, such as when the agreement is terminated.
  • All included items are automatically part of the sale. People often assume that all items in the property are included. However, only items specifically checked in the form are included in the sale.
  • The closing date is flexible. Many believe that the closing date can be changed easily. However, it is a crucial part of the agreement and should be agreed upon by both parties.
  • The form guarantees a successful sale. Some think that signing the form guarantees the sale will go through. However, it is just an agreement and does not ensure that all conditions will be met.
  • Buyers can ignore inspections. A misconception is that buyers can skip property inspections. However, it is advisable for buyers to verify the condition of the property.
  • Title insurance is optional. Many believe that title insurance is not necessary. In fact, it is often required to protect against potential title issues.
  • Closing costs are always split equally. While it is common for closing costs to be shared, this is not a strict rule. The agreement can specify different arrangements.
  • Any changes to the agreement are valid if both parties agree. Some think that verbal agreements are enough. However, any changes must be documented in writing to be enforceable.
  • All communication can be informal. Many assume that informal communication is sufficient. However, the form specifies that all notices must be in writing to be valid.

Understanding these misconceptions can help both buyers and sellers navigate the process more effectively.

Key takeaways

When filling out and using the NWMLS 21 form, there are several important points to keep in mind. Here are key takeaways to ensure a smooth process:

  • Accurate Information: Ensure that all names, dates, and property details are filled out correctly. Mistakes can cause delays or issues later in the process.
  • Included Items: Clearly indicate which items are included in the sale. Check the appropriate boxes for appliances and fixtures to avoid misunderstandings.
  • Earnest Money: Be aware of the earnest money requirements. This deposit shows your commitment and must be delivered promptly after mutual acceptance.
  • Default Options: Understand the implications of default. Choose the appropriate option for how to handle defaults, as this can affect your rights.
  • Title Insurance: Title insurance is crucial. Ensure that the title insurance company is specified, and understand who is responsible for the costs.
  • Closing Date: Set a realistic closing date. Remember that it may need to be adjusted if it falls on a weekend or holiday.
  • Possession Date: Clearly state when possession of the property will occur. This helps avoid confusion between the buyer and seller.
  • Notices: Any notices related to the agreement must be in writing. Make sure you understand how and when notices are considered received.
  • Consult Professionals: It’s advisable to seek legal and financial advice. Professionals can help clarify terms and ensure that your interests are protected.

By following these key points, you can navigate the NWMLS 21 form more effectively, making the real estate transaction process smoother for everyone involved.