The Third Party Financing Addendum (TXR 1901) and the Addendum Concerning Right to Terminate Due to Lender’s Appraisal (TXR 1948) contain sections that agents often confuse.
Paragraph 2B, Property Approval, of the Third Party Financing Addendum allows the buyer to terminate the contract if certain requirements are met and if the buyer’s lender determines that the property does not satisfy the lender’s underwriting requirements for the loan.
Box 3, Additional Right to Terminate, of the Addendum Concerning Right to Terminate Due to Lender’s Appraisal if checked also allows the buyer to terminate the contract. It says that in addition to the buyer’s right to terminate under Paragraph 2B of the Third Party Financing Addendum, the buyer may terminate the contract if certain requirements are met and if the appraised value is less than the amount filled in.
What’s the difference? In some situations, a lower appraisal might still meet the lender’s underwriting requirements if, for example, the buyer is providing a higher downpayment. If the lender determines that the property satisfies its underwriting requirements, this would prevent the buyer from terminating under Paragraph 2B of the Third Party Financing Addendum. However, if Box 3 of the Addendum Concerning Right to Terminate Due to Lender’s Appraisal is checked, the buyer may still have the right to terminate if the appraised value is less than the amount filled in.