21 NCAC 58A .0112         OFFERS AND SALES CONTRACTS

(a)  A broker acting as an agent in a real estate transaction shall not use a preprinted offer or sales contract form unless the form describes or specifically requires the entry of the following information:

(1)           the names of the buyer and seller;

(2)           a legal description of the real property sufficient to identify and distinguish it from all other property;

(3)           an itemization of any personal property to be included in the transaction;

(4)           the purchase price and manner of payment;

(5)           any portion of the purchase price that will be paid by a promissory note, including the amount, interest rate, payment terms, whether or not the note is to be secured, and any other terms contained in the promissory note deemed material by the parties;

(6)           any portion of the purchase price that is to be paid by the assumption of an existing loan, including the amount of such loan, costs to be paid by the buyer or seller, the interest rate and number of discount points and a condition that the buyer must be able to qualify for the assumption of the loan and must make every reasonable effort to quality for the assumption of the loan;

(7)           the amount of earnest money, if any, the method of payment, the name of the broker or firm that will serve as escrow agent, an acknowledgment of earnest money receipt by the escrow agent, and the criteria for determining disposition of the earnest money, including disputed earnest money, consistent with Commission Rule .0116 of this Subchapter;

(8)           any loan that must be obtained by the buyer as a condition of the contract, including the amount and type of loan, interest rate and number of discount points, loan term, and who shall pay loan closing costs, and a condition that the buyer shall make every reasonable effort to obtain the loan;

(9)           a general statement of the buyer's intended use of the property and a condition that such use must not be prohibited by private restriction or governmental regulation;

(10)         the amount and purpose of any special assessment to which the property is subject and the responsibility of the parties for any unpaid charges;

(11)         the date for closing and transfer of possession;

(12)         the signatures of the buyer and seller;

(13)         the date of offer and acceptance;

(14)         a provision that title to the property must be delivered at closing by general warranty deed and must be fee simple marketable title, free of all encumbrances except ad valorem taxes for the current year, utility easements, and any other encumbrances specifically approved by the buyer or a provision otherwise describing the estate to be conveyed with encumbrances, and the form of conveyance;

(15)         the items to be prorated or adjusted at closing;

(16)         who shall pay closing expenses;

(17)         the buyer's right to inspect the property prior to closing and who shall pay for repairs and improvements, if any;

(18)         a provision that the property shall at closing be in substantially the same condition as on the date of the offer (reasonable wear and tear excepted), or a description of the required property condition at closing;

(19)         a provision setting forth the identity of each real estate agent and firm involved in the transaction and disclosing the party each agent and firm represents; and

(20)         any other provisions or disclosures required by statute or rule.

(b)  A broker acting as an agent in a real estate transaction shall not use a preprinted offer or sales contract form containing:

(1)           any provision concerning the payment of a commission or compensation, including the forfeiture of earnest money, to any broker or firm; or

(2)           any provision that attempts to disclaim the liability of a broker for his or her representations in connection with the transaction.

A broker or anyone acting for or at the direction of the broker shall not insert or cause such provisions or terms to be inserted into any such preprinted form, even at the direction of the parties or their attorneys.

(c)  The provisions of this Rule shall apply only to preprinted offer and sales contract forms which a broker acting as an agent in a real estate transaction proposes for use by the buyer and seller. Nothing contained in this Rule shall be construed to prohibit the buyer and seller in a real estate transaction from altering, amending or deleting any provision in a form offer to purchase or contract nor shall this Rule be construed to limit the rights of the buyer and seller to draft their own offers or contracts or to have the same drafted by an attorney at law.

History Note:        Authority G.S. 93A-3(c);

Eff. July 1, 1988;

Amended Eff. July 1, 2014; July 1, 2010; July 1, 2009; April 1, 2006; October 1, 2000; July 1, 1995; July 1, 1989; February 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018.