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Blank Utah Seller Financing Addendum Form

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The Utah Seller Financing Addendum is an essential document that supplements a Real Estate Purchase Contract (REPC) when the seller agrees to finance the buyer's purchase of a property. This addendum outlines critical details such as the credit documents involved, which may include a note and deed of trust or an all-inclusive deed of trust. It specifies the credit terms, including the principal amount, interest rate, payment schedule, and any balloon payments. Responsibilities for property taxes, homeowners association dues, and hazard insurance premiums are clearly defined, ensuring both parties understand their obligations. Payment methods are also addressed, allowing for direct payments to the seller or through an escrow agent. The addendum includes provisions for late payments and prepayments, as well as a due-on-sale clause that protects the seller's interests. Additionally, it requires the buyer to provide financial disclosures and a credit report for the seller's review, ensuring transparency in the financing process. This document serves as a comprehensive guide for both buyers and sellers, clarifying their rights and responsibilities in the seller financing arrangement.

File Information

Fact Name Fact Detail
Purpose The Seller Financing Addendum is used to outline the terms of financing provided by the seller to the buyer in a real estate transaction.
Incorporation This addendum becomes part of the Real Estate Purchase Contract (REPC) once agreed upon by both parties.
Credit Documents The seller's credit extension is documented through a Note and Deed of Trust or an All-Inclusive Deed of Trust.
Tax Responsibilities The buyer is responsible for property taxes, homeowners association dues, special assessments, and hazard insurance premiums.
Payment Structure Payments can be made directly to the seller or an escrow agent, as agreed upon in the addendum.
Late Payment Terms Payments made late may incur a charge, either a fixed amount or a percentage of the installment due.
Due-On-Sale Clause This addendum includes a due-on-sale clause, allowing the seller to call the loan due if the property is sold.
Buyer Disclosures The buyer must provide financial information and may need to share IRS returns for verification.
Governing Laws This addendum is governed by Utah law, specifically the regulations set forth by the Utah Real Estate Commission.

Documents used along the form

The Utah Seller Financing Addendum is an important document that outlines the terms of seller financing in a real estate transaction. In addition to this addendum, there are several other forms and documents that are commonly used to facilitate the sale and ensure that all parties are informed and protected. Below is a list of these documents, along with brief descriptions of each.

  • Real Estate Purchase Contract (REPC): This is the main agreement between the buyer and seller that outlines the terms of the sale, including price, closing date, and property details.
  • Buyer Financial Information Sheet: This document provides the seller with information about the buyer's financial status, helping the seller assess the buyer's ability to fulfill the financing terms.
  • Credit Report Authorization: A form allowing the seller to obtain the buyer's credit report, which is used to evaluate the buyer's creditworthiness and financial stability.
  • Title Insurance Policy: This policy protects the buyer and lender against any claims or disputes regarding the property title, ensuring that the seller has the right to sell the property.
  • Tractor Bill of Sale Form: To facilitate the legal processing of tractor sales, utilize the essential Tractor Bill of Sale documentation to ensure all requirements are met.
  • Property Disclosure Statement: A document where the seller discloses known issues or defects related to the property, providing transparency to the buyer.
  • Escrow Agreement: This agreement outlines the terms under which an escrow agent will hold funds and documents until the transaction is complete, ensuring a secure process for both parties.
  • Amortization Schedule: A table detailing the payment schedule for the loan, showing how much of each payment goes toward principal and interest over time.
  • Settlement Statement (HUD-1): This document provides a detailed account of all costs and fees associated with the closing of the real estate transaction, ensuring both parties understand the financial aspects involved.

These forms and documents work together to create a comprehensive framework for real estate transactions involving seller financing. Each document plays a specific role in ensuring that both the buyer and seller are informed and protected throughout the process.

Common mistakes

Filling out the Utah Seller Financing Addendum form requires attention to detail. One common mistake is failing to accurately complete the credit terms. Buyers often overlook specifying the principal amount, interest rate, and payment schedule. These details are crucial as they determine the financial obligations of the buyer. Incomplete or incorrect entries can lead to confusion and disputes later.

Another frequent error involves the selection of payment recipients. Buyers may neglect to indicate whether payments will be made to the Seller or an Escrow Agent. This choice impacts how funds are managed and distributed. If this section is left blank or filled out incorrectly, it could complicate the payment process.

Additionally, individuals often misinterpret the late payment and prepayment terms. Buyers might not specify the late charge amount or the interest rate for defaulted payments. Such omissions can lead to misunderstandings about penalties and the consequences of missed payments, potentially resulting in financial strain.

Another common mistake is in the due-on-sale clause. Buyers sometimes fail to acknowledge this clause's implications, which can lead to unexpected responsibilities. Understanding that the underlying mortgage may become due if the property is sold is essential for both parties involved.

Buyers may also forget to provide the necessary financial disclosures. The addendum requires a Buyer Financial Information Sheet, and neglecting to include this can delay the process. This information is vital for the seller to assess the buyer's creditworthiness and financial stability.

Moreover, inaccuracies in the title insurance section are common. Buyers might either fail to check the appropriate box regarding the provision of a lender's policy or misunderstand who is responsible for paying for it. This oversight can create complications during the settlement process.

Finally, a significant mistake is not adhering to the acceptance deadline. Buyers or sellers may forget to specify or miss the time and date by which the addendum must be accepted. If this deadline is not met, the offer may lapse, leading to potential loss of the transaction.

Document Preview Example

Page 1 of 3 pages
Buyer’s
Initials
Date
Seller’s
Initials Date
[
[
SELLER FINANCING ADDENDUM #
TO
REAL ESTATE PURCHASE CONTRACT
Seller financing is a complex transaction governed by many State and Federal laws. Real estate brokers are not
qualified, nor licensed, to ensure that the terms of this Seller Financing Addendum comply with these laws.
Buyer and Seller are strongly advised to carefully consult with a legal professional.
THIS SEL
LER FINANCING ADDENDUM is made a part of that REAL ESTATE PURCHASE CONTRACT (the "REPC")
with
an Offer Reference Date of , bet
ween
as Buyer, and as Seller, regarding the Property located at
. The terms of this ADDENDUM are hereby incorporated
as part of the REPC.
1.
CREDIT DOCUMENTS. Seller's extension of credit to Buyer shall be evidenced by: ☐ Note and Deed of Trust;
(hereinafter “Credit
☐ Note and All-Inclusive Deed of Trust; or ☐ Other
Documents”) and shall be recorded against the Property at Closing.
1.1
Creation of Documents. The following party (the “Creating Party”) shall pay for and be responsible for the
creation of the Credit Documents: (Check one box)
Seller; or
Buyer.
The Credit Documents referenced in Section 1 of this Addendum shall contain a due-on-sale clause in favor of Seller.
1.2
Deadline for the Delivery of the Credit Documents. The Creating Party shall provide the Credit Documents to the
other party (the “Non-Creating Party”) no later than by the Seller Disclosure Deadline referenced in Section 24(a) of the
REPC.
1.3
Right to Cancel or Resolve Objections. If the Non-Creating Party determines, in the Non-Creating Party’s sole
discretion, that the Credit Documents are unacceptable, the Non-Creating Party may either: (i) no later than the Due
Diligence Deadline referenced in Section 24(b) of the REPC, cancel the REPC by providing written notice to the Creating
Party, whereupon the Earnest Money Deposit shall be released to Buyer without the requirement of further written
authorization from Seller; or (ii) no later than the Due Diligence Deadline referenced in Section 24(b) of the REPC, resolve in
writing with the Creating Party any objections the Non-Creating Party has arising from the Credit Documents.
1.4
Failure to Cancel or Resolve Objections. If the Non-Creating Party fails to cancel the REPC or fails to resolve in
writing with the Creating Party any objections the Non-Creating Party has arising from the Credit Documents, as provided in
Section 1.3 of this Addendum, the Non-Creating Party shall waive any right to cancel the REPC based on the Credit
Documents.
2.
CREDIT TERMS. The terms of the Credit Documents referred to in Section 1 above are as follows:
•
Principal. $ principal amount of the note (the "Note");
•
Interest. Interest at % per annum;
•
Payment.
Payable
at
approximately
$
per ☐ month or ☐ other .
•
Remaining principal amount balance due in years.
•
First payment due on . Additional principal payments, balloon payments or
other terms as follows:
2.1
LATE PAYMENT/PREPAYMENT. Any payment not made within days after it is due, is subject to a late
charge of $ Or % of the installment due, whichever is greater. Amounts in default shall
bear interest at a rate of % per annum. All or part of the principal balance on the Note may be paid prior to
maturity without penalty. Seller agrees to provide to Buyer at Settlement: (a) an amortization schedule based on the
above terms; (b) a written disclosure of the total interest Buyer will pay to maturity of the Note; and (c) the annual
percentage rate on the Note based on loan closing costs.
Page 2 of 3 pages
Buyer’s
Initials
Date
Seller’s
Initials Date
[
[
TAXES
AND
ASSESSMENTS.
Buyer
shall
also
be
responsible
for:
(a)
property
taxes;
(b)
homeowners’
association dues;
(c) special assessments; and (d) hazard insurance premiums on the Property. These specific obligations will be paid:
directly to Seller/Escrow Agent on a monthly basis directly to the applicable county treasurer, association,
an
d insurance company as required by those entities.
Trus
t Deed, then Seller shall pr
ovide
B
uyer
with
evidence, within ten (10) days upon written request by Buyer, that the Seller
is making current payments as required by Seller’s underlying mortgage.
5. DUE-ON-SALE.
As part of the Seller Disclosures referenced in Section 7 of the REPC, Seller shall provide to Buyer a copy of
the Seller’s underlying mortgage, the note secured thereby, and the amortization schedule,
if
applicable.
Buyer’s obligation
to
purchase under this REPC is conditioned upon Buyer’s approval of the content of those documents, in accordance with
Section 8 of the REPC, if applicable. If the Seller’s underlying mortgage becomes due as a result of this transaction, Buyer
agrees to pay the remaining balance owed and due on Seller’s underlying mortgage
(“Due-on-sale Payment”). In such event,
the
Due-on-sale Payment shall act as a payment towards the principal owed on the Note, as referenced in Paragraph 2 above.
Buyer and Seller agree that Buyer shall still be obligated to the terms of the Credit Documents if any balance of the Note
remains after the Due-on-sale Payment. The terms of Section 5 of this Addendum shall survive Closing.
6.
BUYER DISCLOSURES. Buyer has provided to Seller, as a required part of this ADDENDUM, the attached Buyer
Financial Information Sheet.
Buyer may use the Buyer Financial Information Sheet approved by the Real Estate Commission
and
the Attorney General’s Office or may provide comparable written information in a different format, together with such
additional information as Seller may reasonably require. Buyer ☐ SHALL
☐ SHALL NOT provide Seller with copies of IRS
tax returns for the two preceding tax years. Buyer acknowledges that Seller may contact Buyer's current employer for
verification of employment as represented by Buyer in the Buyer Financial Information Sheet.
7. SELLER’S REVIEW AND APPROVAL.
By the Seller Disclosure Deadline referenced in Section 24(a) of the REPC, Buyer shall
provide to Seller, at Buyer's expense, a current credit report on Buyer from a consumer credit reporting agency.
Seller may
use the
credit report, the information referenced in Section 6 of this Addendum, and any other information relevant to Seller ("Buyer
Disclosures") to review and evaluate the terms of this Seller Finance Addendum (“Seller’s Review”).
7.1
Seller’s Right to Cancel. If Seller determines, in Seller’s sole discretion, that the results of the Seller’s Review are
unacceptable, Seller may either: (a) no later than the Due Diligence Deadline referenced in Section 24(b) of the REPC, cancel
the
REPC by providing written notice to Buyer, whereupon the Earnest Money Deposit shall be released to Buyer without the
requirement of further written authorization from Seller; or (b) no later than the Due Diligence Deadline referenced in Section
24(b), resolve in writing with Buyer any objections Seller has arising from Seller’s Review.
7.2 Failure to Cancel or Resolve Objections.
If Seller fails to cancel the REPC or resolve in writing any objections Seller has
arising from Seller’s Review, as provided in Section 7.1 of this ADDENDUM, Seller shall be deemed to have waived the
Seller’s
Review.
8.
TITLE INSURANCE. Buyer SHALL
3.
4.
PAYMENT. Buyer's payments under Section 2 above will be made to:☐ Seller
☐
an Escrow Agent. If an Escrow
Agent, will act as Escrow Agent and will be responsible for disbursing payments on any underlying mortgage or deed of
trust (the underlying mortgage) and to the Seller. Cost of setting up and maintaining the escrow account shall be paid by:
[
[
Split evenly between the parties. If the Credit Documents are for a Note and All-Inclusive
SHALL NOT provide to Seller a lender’s policy of title insurance in the amount
of the indebtedness to the Seller, and shall pay for such policy at Settlement.
9.
DISCLOSURE OF TAX IDENTIFICATION NUMBERS. By no later than Settlement, Buyer and Seller shall disclose to
each other their respective Social Security Numbers or other applicable tax identification numbers so that they may comply wi th
federal laws on reporting mortgage interest in filings with the Internal Revenue Service.
CONTACT INFORMATION FOR BUYER
Phone Number: Email Address:
Phone Number: Email Address:
CONTACT INFORMA
TION FOR SELLER
Phone Number: Email Address:
Phone Number: Email Address:
Buyer
Seller
✔
Page 3 of 3 pages
Buyer’s
Initials
Date
Seller’s
Initials Date
[
[
[
[
[
[
10. ADDITIONAL
TERMS.
To the extent the terms of this ADDENDUM modify or conflict with any provisions of the REPC, including all prior addenda and
counteroffers, these terms shall control. All other terms of the REPC, including all prior addenda and counteroffers, not modified
Seller ] Buyer shall have until AM
by this ADDENDUM shall remain the same.
PM
Mountain Time on (Date), to accept the terms of this SELLER FINANCING ADDENDUM in
accordance with Section 23 of the REPC. Unless so accepted, the offer as set forth in this SELLER FINANCING ADDENDUM shall
lapse.
Buyer Seller Signature (Date) (Time)
Buyer Seller Signature (Date) (Time)
ACCEPTANCE/COUNTEROFFER/REJECTION
CHECK ONE:
ACCEPTAN
CE: SELLER
BUYER hereby accepts these terms
COUNTEROFFER: SELLER BUYER presents as a counteroffer the terms set forth on the attached ADDENUM #
REJECTION: SELLER BUYER
(Signature)
(Date)
(Time)
(Signature)
(Date)
(Time)
THIS FORM APPROVED BY THE UTAH REAL ESTATE COMMISSION AND THE OFFICE OF THE UTAH ATTORNEY
GENERAL, EFFECTIVE OCTOBER 20, 2021. AS OF JANUARY 1, 2022, IT WILL REPLACE AND SUPERSEDE THE
PREVIOUSLY APPROVED VERSION OF THIS FORM.
■

Similar forms

The Utah Seller Financing Addendum form shares similarities with several other documents commonly used in real estate transactions. Each document serves a specific purpose in facilitating the sale and financing of property. Below are four documents that are similar to the Seller Financing Addendum:

  • Real Estate Purchase Contract (REPC): This is the primary agreement between the buyer and seller outlining the terms of the sale. The Seller Financing Addendum is an extension of this contract, detailing specific financing terms that are incorporated into the REPC.
  • Note and Deed of Trust: This document serves as a legal agreement where the buyer promises to repay the loan amount to the seller. The Seller Financing Addendum specifies that the seller will provide a note, which outlines the terms of repayment, including interest rates and payment schedules.
  • Non-disclosure Agreement (NDA): This legal document is essential for protecting sensitive information in transactions. It is crucial for maintaining confidentiality, much like the Missouri PDF Forms that facilitate the creation of such agreements.
  • Loan Estimate: This document provides a summary of the key loan terms and estimated closing costs. Similar to the Seller Financing Addendum, it includes details about interest rates and payment schedules, helping buyers understand the financial implications of their purchase.
  • Closing Disclosure: This document outlines the final terms of the loan, including the total costs associated with the mortgage. Like the Seller Financing Addendum, it ensures that both parties are aware of the financial obligations and any fees involved in the transaction.

Key takeaways

Understanding the Utah Seller Financing Addendum is essential for both buyers and sellers involved in real estate transactions. Here are some key takeaways to keep in mind:

  • Credit Documentation: The addendum requires specific credit documents to be established, such as a Note and Deed of Trust. Buyers should ensure they understand the type of credit being extended and the terms associated with it.
  • Payment Responsibilities: Buyers are responsible for property-related payments, including taxes and insurance premiums. It is crucial to clarify whether these payments will be made directly to the seller or through an escrow agent.
  • Disclosure Requirements: Both parties must disclose their tax identification numbers by the time of settlement. This is necessary for compliance with federal reporting laws regarding mortgage interest.
  • Seller's Review Process: Sellers have the right to evaluate the buyer's creditworthiness through a credit report. If the seller finds the buyer's financial situation unacceptable, they can cancel the purchase contract or negotiate further.