[NOTE: The following sample questionnaire is used with the New York House Sales Library. If you ordered the library for some other jurisdiction, some of the questions and terms would be different.]

HOUSE SALES QUESTIONNAIRE

Identify SELLER -
__male __female __married couple __other:

Name(s):

Address:


Phone:
Soc. Sec. No.:
Identify PURCHASER -
__male __female __married couple __other:

Name(s):

Address:


Phone:
Soc. Sec. No.:

If PURCHASER is represented by an attorney -
Name:
Firm:
Address:


Phone:
If there is a BROKER -
Name:
Contact:
Address:


Phone:

__there is a second BROKER -
Name:
Contact:
Address:

Phone:
__prepare brokerage agreement - commission is ___% of purchase price, or fixed amount: $
__prepare a RIDER to printed form, rather than an entire contract
__Blumberg Form 125 (BTU 8041)
__Blumberg Form 154 (rarely)
__the old BTU form
__other - number of last article on form:

** NOTE: If you prepare a RIDER, the printed form may effect how you wish to answer the questions marked by two asterisks (**). If the form treats a subject (such as damage to the premises) in a manner satisfactory to you, you need not repeat the provision in the RIDER. Answer all other questions to reflect what you desire, even if the printed form treats the subject.
__prepare a "short form" of contract (or rider)

Date of contract:

Date of closing:
__on said date
__on said date and time is of essence as to PURCHASER
__on or about said date
__on or about said date and either party may make time of the essence by ___ days notice (business days)
Time of closing: __10:00 A.M. __other:

Place of closing -
__your offices __other:

__or, upon request, at PURCHASER's lender or title company
__SELLER may remain in possession after the closing
for how many days:
__a per diem payment: $
__any days without fee: days
__a deposit to secure delivery of possession: $
Identify the house -
Street Address:
City:
County:
State:
Number of parcels: __one __other:
Tax Map designation -
Section:
Block:
Lot:
[metes and bounds will be Exhibit A to the contract]
PERSONAL PROPERTY - The contract will generally state what personal property is to be included or excluded. You can describe any exceptions to the general rules (if you are preparing a contract, rather than a rider, these exceptions are to be listed in Exhibit B). The following might be included in the sale: __refrigerator, __freezer, __range, __dishwasher, __garbage disposal unit, __clothes washer, __clothes dryer, __chandeliers, __window air conditioners, __window boxes, __fire place equipment, __pool equipment, __tool shed, __outdoor statuary, __storm windows and doors

Other personal property to be included:



Other personal property to be excluded:



How is the purchase price to be paid -
__all cash without a bank loan contingency
__all cash WITH a bank loan contingency
__conventional loan __F.H.A insured __G.I./V.A.
Contingent for how many days:
Amount of loan: $
Due in how many years:
Based on amortization over how many years:
Interest __at "prevailing rate" __at rate:___%/yr
__PURCHASER to represent annual earnings: $
__SELLER to contribute amount for Purchaser's closing costs: $
Regard points -
__PURCHASER pays all required points (usually)
__PURCHASER will pay up to ___ points
__PURCHASER will pay up to ___ points and SELLER will pay up to ___ points [__but SELLER pays only if PURCHASER'S points are not sufficient]
__SELLER will pay up to ___ points and PURCHASER pays all other points
__recite maximum dollar amounts to be paid by PURCHASER and/or SELLER:
__cash and taking subject to EXISTING MORTGAGE
__cash and PURCHASE MONEY MORTGAGE
__cash, EXISTING MORTGAGE and subordinate PM MORTGAGE
__cash and PM WRAPAROUND MORTGAGE
__cash and PM NOTE secured by a LETTER OF CREDIT
__cash, EXISTING MORTGAGE, PM NOTE and L/C
__no cash at closing, just:
__EXISTING MORTGAGE __PM MORTGAGE __EXISTING MORTGAGE and subordinate PM MORTGAGE __PM WRAPAROUND MORTGAGE __NOTE and L/C __EXISTING MORTGAGE and L/C
TOTAL PRICE: $
down payment: $
[$________ prior to execution of contract
$________ upon execution
$________ within ___ days after execution]
cash at closing: $
amount of EXISTING MORTGAGE: $
amount of PURCHASE MONEY MORTGAGE: $
amount of PM WRAPAROUND MORTGAGE: $
amount of PM NOTE and L/C: $

__down payment to be held in escrow
__escrow to terminate when loan contingency elapses
__in interest bearing account
ESCROW AGENT is __your firm __other:
Rarely are houses sold subject to an EXISTING MORTGAGE, but if this house is -
Identify EXISTING MORTGAGE:

__copies to be delivered for review before execution of contract
May it be accelerated by: __sale of house or __subordinate mortgage. If so, is bank's consent to be a condition (and whether either party is to pay to get consent, time for doing so):

The purchase price is to be: __fixed amount above balance of EXISTING MORTGAGE at closing (rarely), or __If EXISTING MORTGAGE is greater or less than anticipated - __adjust cash at closing __adjust PM NOTE [__first vs __last installments]
Rarely are houses sold for a PURCHASE MONEY NOTE (and MORTGAGE) from PURCHASER, but if so, the NOTE (and/or MORTGAGE) should provide -
__non-recourse
__expressly prepayable without penalty
__a prepayment premium: ___% of principal
__higher rate of interest after default: ___%/yr
__a late charge: ___% of amount due
__due on sale
__prohibit any further mortgage
__maintain flood insurance
__escrow deposits for taxes & insurance
__payment of attorneys' fees if foreclosed - ___% of principal / __minimum fee: $_______
__SELLER's attorneys to be paid preparation fee: $
__prepare a rider rather than the entire MORTGAGE
__LETTER OF CREDIT from a specific bank:
Payment terms of NOTE:

__an existing mortgage is to be paid off at closing

Permissible exceptions to title -
Re covenants, easements or other recorded agreements -
__specific items are to be listed in an exhibit AND except any other agreements provided they do not materially restrict use of house
__just specific items are to be listed
__no specific items, but except any agreements provided they do not materially restrict use
__a survey:

__no survey, but except what would have been shown on a survey
__any encroachments which may exist
__no encroachments (other than on survey)
__leases or tenancies (describe in exhibit) [__PURCHASER to assume]
__other:


Re examination of title -
__PURCHASER is to search title [__and must use a title insurance company]
__SELLER is to provide a title abstract to PURCHASER [__and pay premium for PURCHASER's title insurance]
The title search is to be provided within __15/__30/__60 days after the contract (or loan commitment), or __15/__30/__60 days before the closing
Is the deed to be -
__bargain and sale deed WITH covenant against grantor's acts (a limited warranty)
__bargain and sale deed WITHOUT covenant
__general warranty deed
Is SELLER to represent that -
__heating/plumbing/electrical systems will be in working order
__major appliances will be in working order
__roof will be free from leaks
__house will be delivered in "broom clean" condition
__house is not in a "flood hazard area"
__other:


__contract to be conditioned upon inspections for: **
__lead paint [__by a professional inspector] or __ expressly waive inspection rights
__termites
__radon
__asbestos contamination
__a general inspection by an engineer
__PURCHASER/__SELLER to pay for the inspections
Inspection reports to be delivered within ___ days
__if cost of curing a condition is less than $________ and SELLER does not cure the condition, PURCHASER nevertheless must close title - __with / __without adjustment of purchase price
Re certificate of occupancy - **
__SELLER to deliver original C of O at closing
__SELLER to deliver affidavit that none was required
__contract is to be silent on subject
Re notes and notices of violations - **
__SELLER to cure violations - __if issued before contract / __if issued before closing / __but SELLER shall not have to pay more than $
__SELLER does NOT have to cure any violations
__contract is to be silent on subject
Are there going to be closing adjustments for -
real estate taxes and water & sewer charges, if any [__real estate tax reduction proceeding is pending]
premiums on transferable insurance policies
__water meter **
__oil
__coal
__other adjustments:


Re assessments for improvements by governmental authorities - **
__if payable in installments and any installment is a lien, SELLER pays all installments
__SELLER pays only installments due before closing
__SELLER pays only if improvements are completed before closing
__contract is to be silent on subject **
__errors in apportionments are to be corrected after closing **

Infrequently used provisions -
__sale subject to leases or tenancies (describe in exhibit) [__Purchaser to assume]
__the contract is to discuss casualty loss and condemnation ** - If Seller elects not to repair any damage to the house:
__Purchaser may terminate contract OR close title and receive an assignment of Seller's rights to insurance proceeds [__but Purchaser may terminate only if repairs cost more than $________]
__Purchaser may terminate contract OR close title and receive a credit for the cost of the repairs [__Seller also may terminate if repairs cost more than $________]
__Seller is to get ECRA (environmental cleanup) confirmation
__Seller is to get Freshwater Wetlands Letter
__there's a pending proceeding for reduction of real estate taxes
__Seller to provide a bill of sale for personal property
__Purchaser to pay any sales taxes on personal property
__omit liquidated damages clause
__include a FIRPTA clause in rider **
__permit minor repairs or painting by Purchaser prior to closing
__Seller may remain in possession after the closing - specify for how long, whether there is to be a per diem charge and/or deposit:
__recite the zoning classification:
__omit prohibition against assignment of contract ** [__or consent to assignment not to be unreasonably withheld]
__provide for copies of notices to attorneys
__Purchaser to have 3 days to have an attorney review contract