VA

SALES GUIDE

 

DEPARTMENT OF VETERANS AFFAIRS

PROPERTY MANAGEMENT (264)

575 NORTH PENNSYLVANIA STREET

INDIANAPOLIS, INDIANA 46204

March 2003

EQUAL HOUSING OPPORTUNITY

 

 

 

PROPERTY MANAGEMENT SECTION

VA REGIONAL OFFICE

INDIANAPOLIS, IN

 

 

 

 

 

 

Robert Bumgarner, Realty Specialist (317) 226-5209 ext. 3154

Loan Approval

Aaron Sanders, Realty Specialist (317) 226-5209 ext. 3171

Loan Approval

Sales Desk (317) 226-5209 ext. 3168

Listings and Offers pending receipt of

additional information

Broker Mailing list

FAX Number (317) 226-5041

Automated informational line (888) 482-2897

 

VA Regional Office Web Page with links to properties listed on the market, sales guide and other general information

http://www.vba.va.gov/ro/central/indy

Forms

http://www.vba.va.gov/pubs/forms1.htm

General E-mail Questions

Indianapolis.homes@vba.va.gov

(not a Status line)

use 888 482-2897 for status

 

 

VA SALES BROKER GUIDE

March 2003

This guide is provided as a reference tool to assist brokers in the pre-qualification, sales and closing of Department of Veterans Affairs (VA) acquired properties.

We appreciate your interest in the sales program. Without your assistance, cooperation, and participation our program could not be successful.

All of your sales and office personnel should be familiar with these instruction so that offers will be submitted accurately and completely, and that sales will be closed properly.

We will announce program changes to all participating brokers by Loan Guaranty Information Bulletins as changes occur. Please make the updates available to all sales associates and other program participants.

 

RESCISSION: Sales Manual for Acquired Properties dated March 2002

Equal Housing Opportunity

VA is pledged to the letter and intent of the United States Government's policy for the achievement of Equal Housing Opportunity though out the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, religion creed, color, age, sex, marital status, or national origin. All participants in the VA Loan Guaranty program are required to abide by and conform to the Equal Housing Opportunity policy. Any violations of Equal Housing Opportunity laws should be reported to this office immediately. Violations of Equal Housing Opportunity policies could lead to suspension from participation in all Federal housing programs.

 

 

 

TABLE OF CONTENTS

 

Page

Quick Reference Guide 4

 

VA HOME BASICS 5

 

SHOWING VA HOMES 9

 

SUBMISSION OF OFFERS 10

 

MAKING THE BEST OFFER 13

 

FILLING OUT THE FORMS 15

 

CLOSING THE SALE 19

 

INDEX 24

 

EXHIBITS 26

 

 

 

QUICK REFERENCE GUIDE

FOR

SUBMISSION OF OFFERS

FORMS REQUIRED

VA FORM 26-6705, Offer to Purchase and Contract of Sale, Oct 1997. Delete: Section IV Condition of Sale, item 9, paragraph d.

Disclosure of Significant Defects (issued as the listing by VA)

Not a required document. If you do not have the listing, we will process

the offer to determine the highest net return. Include a cover sheet

comment asking for a copy of the listing to be returned to you. We

generally will not fax this out to you.

 

Earnest money is to be held by the broker. Do not send with the offer.

We require $100 if offer is list price or above, $500 for below list price offers.

VA Fax #: 317-226-5041

Original of fax offer is due to VA within five (5) calendar days from the date faxed if your purchaser’s offer was accepted.

SUGGESTED FAX OFFER TRANSMITTAL COVER SHEET

Date: ______________________

To: Department of Veterans Affairs

From: _________________________

 

Name of Purchaser: _______________________

No Pages Including Cover Sheet: _____

Status Update #: 888-482-2897 (888-4VA-BUYS)

Mailing Address: VA Regional Office 264

575 N. Pennsylvania

Indianapolis, IN 46204-1581

 

 

 

 

VA HOME BASICS

 

 

1. Why Sell VA Homes?

 

n 6% Sales Commission available

n Additional commission bonuses on selected properties

n A wide variety of houses to choose from

n Anyone can buy (not restricted to veterans)

n Available to owner/occupants and investors

 

 

2. How to Become a Participating Broker

 

A. Any Indiana licensed real estate office may be placed on our mailing list for sales listing of VA-acquired properties by contacting us by mail, fax, or in person at

VA Regional Office

Property Management Section (264)

575 North Pennsylvania Street

Indianapolis IN 46204-1581

FAX 317-226-5041

B. Please include the complete company name, address, and zip code and principal broker's license number and the counties for which you want to receive listings. We will furnish a key to the office. Participating brokers must keep in mind that they are dealing with the assets of the United States Government, and, as agents of VA, must conduct their business in such a manner as to not violate the public trust.

 

3. How to Find Out About VA Homes

 

A. Once VA acquires a property, certain processing is necessary while it is prepared for the market. Brokers should be aware that, prior to the issuance of a sales listing VA-acquired properties are not available for sale and should not be entered or shown. Please do not contact the department about these properties. WE CANNOT FURNISH YOU WITH ANY ADVANCE INFORMATION. We will list each property as soon as possible.

B. Individual listings are mailed simultaneously to all participating brokers on a non-exclusive listing basis to ensure that all participating brokers have an equal opportunity to show the properties and submit offers to purchase.

C. "Simultaneous Period" (Equal Consideration Period) - Offers received during the ten (10) consecutive workdays after the date of the original or revised listing are considered to be received simultaneously. This method provides the public with a reasonable period of time to submit offers through any licensed real estate broker. If no acceptable offers are received during the "Simultaneous Period", incoming offers are considered on a first-come, first-served basis until a revised listing is released.

D. We will consider a reasonable offer below our cash price, as applicable

E. Listings are subject to prior sale, change, or withdrawal at any time without prior notice.

F. Sales Information -

Call 1-888-4VA-BUYS (1-888-482-2897) for information about all current and recently closed listings is available toll-free, 24 hours a day, 7 days a week. The service includes a "fax back" of a hard copy list of all properties currently available.

Our general sales information telephone line is (317) 226-5209 ext. 3168.

INTERNET -

VA Regional Office Page http://www.vba.va.gov/ro/central/indy/

Indianapolis Regional Office Listings

http://www.vba.va.gov/ro/central/indy/Lgy/proplist.htm#PMListTOP

VA Forms

http://www.vba.va.gov/pubs/forms1.htm

Forms may also be obtained by calling 226-5209 ext. 3125

 

4. Property Keys

A. VA-owned houses in Allen, Lake, Marion, Porter and St. Joseph counties are normally secured with Best Locks. We use lock boxes in all other counties. We will normally give one key per office.

B. You may order additional Best Lock keys from:

Best Locking Systems of Indiana, Inc.

6150 East 75th Street

Indianapolis IN 46250

(317) 849-6930

C. You may order additional Lock Box keys (series 2535) from:

James P. McNair Co., Inc.

P.O. Box 22072

San Francisco, CA 94122-1697

(415) 681-2200

D. Approved sales brokers are provided with a master key to allow access for showing the property to a prospective purchaser without contacting the VA Management Broker. Defective locks should be reported to the Management Broker immediately.

E. Brokers may not reproduce any VA Master Key. These keys must not be given to unauthorized persons, including prospective purchasers, for unaccompanied visits.

 

5. Condition of Property

A. Although we sometimes authorize repairs prior to listing to make the property habitable, or more attractive to prospective purchasers, properties are sold "As Is" without warranties as to physical conditions. We disclose all known, significant defects with the sales listing. Brokers and agents must advise prospective purchasers of the list of defects, and purchasers must acknowledge this disclosure (See paragraph 27).

B. This information regarding our "As Is" policy is not meant to indicate that all properties are defective. Rather, it is designed to advise prospective purchasers of our policy with regard to repairs. Purchasers are encouraged to take whatever measures are necessary to determine the condition of the properties for their own purposes.

C. Listings are subject to existing legal limitations applicable to the property, e.g., easement and restrictions. We do not warrant square footage figures. We do not require a survey on the original VA loan, or as the loan is foreclosed. Buyers wishing a survey must be prepared to pay for it.

 

6. Advertising

A. We encourage the advertising of VA-acquired properties in the local media. Many brokers find it profitable to do so by direct ads relating to specific properties and by so called "blind" ads relating to certain areas or subdivisions. Brokers are authorized to advertise that the properties are Department of Veterans Affairs or VA-owned and that seller financing is available, if applicable. VA will not be liable or obligated to pay for any advertising ordered by brokers. Please take care to avoid the impression that the advertising broker has an exclusive listing or right to sell.

B. Brokers who advertise VA-owned properties are required to use the Equal Housing Opportunity logo, slogan, or statement. When advertising material is consolidated, the Equal Housing Opportunity logo or slogan need appear only one time in the advertisement. When advertising appears in several places, the logo, slogan, or statement must be contained in each advertisement.

C. In respect to classified newspaper advertising, it is not necessary to insert the logo, slogan, or statement in each classified ad if at the beginning of the real estate advertising section there appears a notice reading as follows:

"All real estate advertised in this newspaper is subject to the Federal Fair Housing Act of 1968, as amended, which makes it illegal to advertise any preference, limitation, or discrimination based on race, color, religion, sex, or national origin, or an intention to make any such preference, limitation, or discrimination. This newspaper will not knowingly accept any advertising for real estate which is in violation of the law. Our readers are hereby informed that all dwellings advertised in this newspaper are available on an equal basis."

D. VA will post its own FOR SALE signs on properties listed for sale. Brokers MAY NOT place their own FOR SALE or sold signs on properties until a sale has closed.

 

7. Obtaining Forms

 

A. If you need the forms to write an offer, please request them from the VA Forms and Publications Unit. The telephone number is (317) 226-5209 ext. 3125.

B. Additional forms may be requested by sending in VA Form 23-8800. Mail to:

VA Regional Office

ATTN: Publications (243A)

575 North Pennsylvania Street

Indianapolis, IN 46204-1581

8. Responsibility of the Broker

 

VA holds sales brokers responsible for their own errors and omissions, and the errors and omissions of their employees, agents, and associates. You must notify us at once if you, or any employee hears of significant change or discrepancy in information about an offer; e.g., loss of job, or misrepresentation of intent of occupy. Verified instances of improper conduct may result in sanctions against your firm.

 

 

 

 

 

SHOWING VA HOMES

 

 

9. Property Visits

 

A. Sales brokers and purchasers must not preview a VA property for any reason until that property has been listed for sale. The showing of an unlisted property may cause damage to work in progress.

B. After the property has been listed and showings are permitted. The form will usually be displayed in the kitchen. The broker/agent must sign Property Inspection Record (VA Form 26-6722) each time the property is visited. We expect brokers and purchasers to exercise common sense while inspecting the property; e.g., avoid littering, using toilet facilities, tracking in grass, mud, etc. Do not leave advertisements or business cards on the property. Please make certain the property is re-secured and, if applicable, the key is in the lock box before leaving.

C. VA properties are posted with a sign noting the name and telephone number of our property management broker. Vandalism, or any other condition adversely affecting the property, should be reported to the management broker.

D. Real estate agents must accompany purchasers on all property visits with no exceptions. Brokers or agents violating these rules may be suspended from the program.

E. Coordinates or directions for the location of the property are shown on our sales listing.

 

10. Open Houses

 

A. We wish to give all brokers an equal opportunity to hold Open Houses at VA-owned properties listed for sale.

· You may call (317) 226-5209 ext. 3154 or3171 to schedule an Open House beginning at 10:00 AM (Indianapolis time) each Thursday for the upcoming weekend. Each company may request one Open House during the first two hour period.

· After 12:00 PM each Thursday, companies may call to schedule additional Open Houses for the upcoming weekend.

B. Other features of our Open House policy have not changed.

· Signs may be placed on and in the premises containing only two words: OPEN HOUSE. Only "generic" open house signs that do not give the impression that the broker or company has an exclusive right to sell may be used. Brokers must also abide by any neighborhood restrictions concerning signs.

· Any material placed on the premises must be affixed in such a manner that no property damage is caused.

· The broker or licensed agent MUST remain on the premises continuously during the Open House. Hosts, hostesses, or other unlicensed personnel may not be "on duty" without a licensed agent or broker of the firm in constant attendance.

· At the end of the Open House, the licensed agent or broker is responsible for removing ALL company promotional material from the premises and for securing the property.

 

SUBMISSION OF OFFERS

 

11. Types of Offers

 

A. There are two types of offers that we will consider:

n Cash In Hand - the purchaser has the funds immediately available to close the sale. We expect the closing to take place within 10 days from the written notification of the accepted offer.

n Cash Subject to Financing - the purchaser is seeking third-party financing from someone other than VA. The loans are usually VA guaranteed, FHA insured, or conventional. We expect the closing to take place within 20 days from the written notification of the accepted offer.

 

12. Earnest Money Deposit

 

A. An earnest money deposit of at least $100.00 per property must be obtained for all offers at or above our list price.

B. An earnest money deposit of at least $500.00 per property must be obtained for all offers below our list price.

C. The earnest money should be deposited in the broker's escrow account. It should not be sent with the offer to purchase. The earnest money will be applied to the purchase price and/or closing costs when the sale is closed.

D. If the offer is rejected, return the earnest money promptly to the purchaser.

E. The money must be forwarded to VA if the purchaser fails to complete the contract after the offer has been accepted.

 

13. Required Offer Packages

A. Cash Offer

(see Exhibit D). Offers will be processed without the disclosure for selection of the highest net return.

B. CONTINGENCIES - If the purchaser wishes to make the offer subject to any contingencies, they must be submitted on a separate page, identified with the property address and account number, signed by the purchaser(s) and broker, and stapled to the offer. The purchaser runs the risk that any contingency may make the offer unacceptable to VA.

C. All forms should be typed or legibly printed. The original offer must contain ORIGINAL signatures and initials of all prospective purchasers and the broker (or authorized representative) where required. We suggest the use of blue ink so there are no questions as to whether the signatures are original. If the forms are incomplete or illegible, the offer may be rejected.

 

14. Delivering an Offer to VA

A. We will accept offer packages by FAX to VA at 317-226-5041. Fax offers separately with separate cover pages to minimize the possibility of having your offer inadvertently mixed up with others. If the offer is selected, the Original offer packages must be received within 5 calendar days at:

VA Regional Office

Property Management Section (264)

575 North Pennsylvania Street

Indianapolis, IN 46204-1581

B. Offers may be hand-delivered to our Mail Room, Room 331, at the above address during normal business hours, 8 a.m. - 3:30 p.m., Monday through Friday.

C. No exceptions will be made for late receipt of offers which were delayed in the mail, or by inclement weather conditions, etc.

 

15. VA Affiliates

A. Sales brokers are not considered VA-affiliates.

B. However, the sale of VA-owned property to certain VA employees or persons furnishing services to the VA on a fee or commission basis must be made under special rules in order to maintain public confidence in the integrity of the VA Loan Guaranty program.

C. The following individuals are considered to be VA affiliates:

n VA employees assigned to the field station listing the property;

n The management broker to whom the property is assigned;

n The management broker's partners, employees and sales associates;

n A spouse, parent, in-law, child, step-child, brother and sister of, and person who resides with, any of the above.

D. Purchase offers received from VA affiliates will not be considered until the end of the "Simultaneous Period", and then only if no acceptable offers from non-affiliates were received during the simultaneous period. However, unrestricted sales of VA owned properties are permitted to VA affiliates who purchase properties outside the commuting distance (60 miles) from the designated area where the fee or commission person performs services for VA.

E. Sales commissions will be paid for sales to affiliates except for sales to the following individuals:

n Loan Guaranty employees involved in the pricing of VA-acquired properties. This restriction includes close members of their families.

n A management broker who is purchasing a VA-owned property which he/she is managing for VA. This restriction includes the management broker's partners, employees, sales people and close members of their families.

F. These restrictions on payment of sales commission will apply regardless of the sales agent through whom the offer is submitted. No sales commission will be paid to any sales agent when the purchaser falls within one of the restricted categories.

 

16. Power of Attorney

A. If a signature on VA Form 26-6705, Offer to Purchase and Contract of Sale, is by an attorney-in-fact, the ORIGINAL, SPECIFIC Power of Attorney must be submitted with the offer.

B. If it becomes necessary, after offer submission, to close a sale by Power of Attorney, an ORIGINAL, SPECIFIC Power of Attorney must be submitted and approved by VA before the closing.

 

MAKING THE BEST OFFER

 

17. "Simultaneous Period"

 

A. We encourage you to submit offers to purchase as early as possible after a property listing is released. Offers received during the ten (10) consecutive workdays from the date of the original or revised listing are considered to be received simultaneously. This method provides the public with a reasonable period of time to submit offers through any licensed real estate broker.

B. If no acceptable offers are received during the "Simultaneous Period", incoming offers are considered on a first-come, first-served basis until a revised listing is released.

Note: Multiple offers may not be submitted to VA by the purchaser on the same property during the simultaneous period. Should multiple offers be received VA may consider all offers as unacceptable. Make the best offer at the time of submission.

 

18. Criteria for Acceptance of Offers

 

A. Although we may accept reasonable offers which are below our list price, brokers and buyers should be aware that the best offer received may be for more than the list price, lesser closing costs, or lesser commission.

B. To simplify the selection among competing offers and to assure that the offer selected is the most financially beneficial to VA, priority will be given to the offer which provides the "highest net return" to VA, and which otherwise meets the terms of the listing of the property. The highest net return is based on your gross offer with the correct calculations. See the bold print under Item Nine on the offer to purchase form.

C. Offers received during the simultaneous period are ranked by the following criteria:

n VA will accept the offer (cash) producing the "highest net return" (HNR) to VA, that otherwise meets the terms of the listing and the net proceeds of which meets or exceeds the minimum acceptable net return (MANR) established for the property.

NET RETURN TO VA. The net return to VA is the amount that VA will receive from the bid price after deducting its selling expenses (sales commission, sales bonus (if noted on the listing) and any financing and closing costs normally paid by the purchaser, but specified to be paid by VA).

n EQUAL OFFERS. In the event of ties (offers with equal net returns), priority will be given in the following order until the tie is broken:

¨ veteran over non-veteran

¨ owner-occupant over investor

¨ the earliest day of actual receipt by VA within the simultaneous period (the date of receipt of a faxed offer counts)

¨ VA will draw lots to break the tie

D. VARIABLES AFFECTING NET RETURN may include any combination of the following:

n Sales Price

n Discount Points (on cash offers) - Included only if buyer wishes VA to pay lender discount points.

n Loan Origination Fee - Included only if buyer wants VA to pay this normal buyer's expense.

n Closing Costs (on cash offer) - These fees will be deducted from the VA’s proceeds at closing.

n Sales Commission (on all types of offers) - The basic maximum sales commission is 6% of the sales price. The minimum sales commission payable will be $300.00 for any property regardless of list price. The exact amount of commission to be paid must be made part of the net return calculation. If no commission is noted on the offer, 26-6705, dated October 1997, none will be paid.

n Sales Bonus - An additional sales bonus of up to $500.00 may be paid for the sale of selected properties IF the sales listing specifically offers a bonus. Potential bonuses for closing a cash sale in less than 30 days should NOT be included in the calculation of the net return. If the broker expects to receive an authorized bonus, the bonus must be included in the net return calculation or it will not be paid.

E. The selling broker and the buyer must complete the appropriate calculation of the net return on VA Form 26-6705 (see Exhibit B).

F. If no acceptable offers are received before the expiration of the simultaneous period, the first offer received which meets or exceeds minimum acceptable net return will be processed for approval.

 

FILLING OUT THE FORMS

 

19. General

A. Offers must be submitted on the most recent versions of the:

n VA Form 26-6705, Offer to Purchase and Contract of Sale, dated October 1997 - original (including original signatures) and one copy to VA, one copy to the buyer, and one copy to the broker (see paragraph 23 and Exhibit B)

n Disclosure of Significant Defects, part of the listing issued bv the VA.

(See Exhibit D)

 

B. The offer must be prepared in quadruplicate, and all four copies signed by the purchasers and selling broker. On the reverse side paragraph 9 d. must be lined out and initialed as VA will pay next tax installment due after the sale closing and will not prorate the taxes. All entries must be legible.

C. Brokers must pre-qualify offerors to ensure that they have cash-in-hand, or the ability to obtain a firm commitment from a lending institution. Extensions to gain financing will be granted only for compelling reasons. Closings must proceed as scheduled. A commitment letter or a verification of funds on hand will enable VA to give an almost immediate approval. Buyers with cash-in-hand are expected to close the sale within 10 days. Buyers arranging for outside financing are expected to close the sale within 20 days.

 

20. Completing the VA FORM 26-6705, Offer To Purchase and Contract of Sale, October 1997 (EXHIBIT B).

Block 1A: Complete address of the property to be purchased

Block 1B, PM NUMBER: Enter the PM Number exactly as shown on the Sales Listing.

BLOCKS 2A - 3D: Enter the name(s), address(es), and telephone numbers of purchaser(s). The address of the purchaser(s) must be on the complete mailing address including the zip code.

BLOCK 4: The name or names must be stated exactly as the deed of conveyance will read (Husband and Wife - Tenants in Commons - Joint Tenants). All persons named in this block must sign the Offer to Purchase.

BLOCK 5. Check either yes or no.

BLOCK 5A & 5B: Check either yes or no If yes, enter the veteran’s service / serial number.

BLOCK 5C: Enter the last date on active duty.

BLOCK 6: IS THIS PROPERTY BEING PURCHASED DIRECTLY OR INDIRECTLY BY OR FOR ANY OF THE FOLLOWING PERSONS OR THEIR CLOSE RELATIVE? Block A, B, C, and D must be completed in order for an Offer to Purchase to be considered. If the answer to any question in Item 6 is YES, a detailed statement of the circumstances must be given on a separate sheet. Close relative means a spouse, parents, children, brothers and sisters of the agent. The definition also includes any other relative who is a member of the purchaser's household.

BLOCK 6A: If the purchaser or a close relative has at any time obtained or assumed payment on a loan made, guaranteed, or insured by the VA, the block for YES should be checked. If there is no connection with any VA loan, check NO.

BLOCK 6B: See paragraph 15 of this guide. This category includes persons directly employed by the VA, management brokers doing business with the VA, any agent of such brokers, including not only salaried employees but salespersons working solely on a commission or other fee basis, and any close relative of persons in the above categories. Note that affiliated status created by the existence of any of the above conditions is not eliminated by submitting an offer through a different broker. Any person having such an affiliation should check YES, all others check NO.

BLOCK 6C: Any purchaser who at any time in the past was the owner of the property for which the offer is being made should check YES, all others should check NO.

BLOCK 6D: Any purchaser who at any time was the buyer of any VA-owned property should check YES; all others should check NO.

BLOCK 7: Cash Offer Please specify the type of cash. Cash in Hand, VA, FHA, or Conventional.

If the buyer will pay cash at the closing (cash-in-hand or new mortgage), enter in the appropriate blocks the full amount of the purchase price. Paragraph 40 discusses what items VA will normally pay on a cash closing. Blocks B through F. should reflect any additional costs the purchaser expects VA to pay. Block H is the net result of blocks A through G. Block I is the number of days that the purchaser agrees to close the loan. (VA expects that cash-in-hand sales will normally close within 10 days and that lender financed cash sales will normally close within 20 days).

BLOCK 8: This block is not applicable. VA does not currently offer terms financing.

BLOCK 9: Amount of Earnest Money (do not submit earnest money with offer)

Block 10 - 11B: Signature(s) and Dates

BLOCKS 12A - E: Complete with all broker information.

The name and mailing address of the sales broker, as registered with the Indiana Real Estate Commission, including street, city, state and zip code must be entered here. It is essential to the processing of the purchase offers that the name and address of the broker be entered legibly. Enter the area code and telephone number of the sales broker. This information is necessary if problems occur with the offer to purchase.

Enter the Tax ID number, or the broker's social security number if the broker does not have a Tax ID number.

BLOCKS 13A - B: Signature of Principal Broker and Date

BLOCKS 14A & B: VA USE ONLY.

 

REVERSE OF VA FORM 26-6705

Paragraph 9d. of Conditions of Sale MUST BE CROSSED OUT. VA does not prorate taxes to the day of closing (see listing). Commonly, VA will be responsible for the next installment of taxes payable after the closing date.

 

21. Completing the VA Form 26-6705e, Notice of Possible Lead-Based Paint and/or Lead-Based Paint Hazards, December 1996 (EXHIBIT C)

A. Prospective purchasers no longer need to submit VA Form 26-6705e, Notice of Possible Lead-Based Paint and/or Lead-Based Paint Hazards, with their Offer to Purchase. We will send EPA Pamphlet 747-K-94-001, "Protect Your Family From Lead in Your Home" only to the successful offeror(s) on properties built prior to 1978. At that time the offeror(s) will be asked to execute and return the Notice, indicating whether or not they will use the 10-day opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.

B. Please, make sure the purchaser(s) initial in item C1 or C2, and sign in items 6 and 7 of the form. The Real Estate Agent must sign in item 8. The Real Estate Broker (or authorized representative), if different than the sales agent, must sign in item 9.

C. We will not process, or accept an Offer to Purchase until we receive the Lead Paint Notice, executed after review of the EPA Pamphlet. The use of this pamphlet ensures that prospective purchasers make an informed decision about the potential of lead paint hazards.

 

22. Disclosure of Significant Defects (EXHIBIT D)

The Disclosure of Significant Defects has been included on the listing issued by the VA. The purchaser must sign the listing and identify the property they are purchasing.

This will be required to approve an offer but is not required to be submitted with the offer. The use of this disclosure ensures that prospective purchasers make an informed decision about the condition of the home.

 

 

CLOSING THE SALE

23. Notification

As soon as possible after the acceptance of the offer, the buyer and the selling broker will be notified by letter.

 

24. Closing

It is the selling broker's responsibility to notify the VA Property Management Broker of the closing date and arrange to get the keys to the property.

 

25. Possession of the Property

VA gives the purchaser possession of the property only after the sale closing. No exception to this policy will be made.

 

26. Tax/Special Assessment Prorations

See Sales Listing. Item 9.d of VA Form 26-6705, Offer to Purchase and Contract of Sale is to be crossed out. Department of Veterans Affairs, Indianapolis Regional Office does not prorate taxes to the day of the closing. Rather, VA will be responsible for the expense of the next installment of taxes payable after the closing date.

27. Sales Commissions

A. The Department of Veterans Affairs will pay up to three types of sales commissions.

$ The BASIC maximum sales commission is 6% of the sales price. The minimum listed sales commission payable will be $300.00 for any property regardless of list price.

$ An additional sales BONUS of up to $500.00 may be paid for the sale of selected properties. The sales listings will identify those properties eligible for this additional bonus.

$ BONUSES for quick CASH sale closings are still in effect:

Note: Do not include in calculation of net return to VA.

¢ A $500.00 bonus for cash sales closed within 15 calendar days of VA's written acceptance of the offer.

¢ A $350.00 bonus for cash sales closed within 16 to 21 calendar days of VA's written acceptance of the offer.

¢ A $250.00 bonus for cash sales closed within 22 to 30 calendar days of VA's written acceptance of the offer.

B. Commissions may be paid at the closing from the proceeds of the sale ONLY on cash sales involving outside financing and supervised by the lender or its closing agent, e.g., title company.

C. An invoice for the commission should be submitted in duplicate (original and one copy) with the closing instruments returned to VA. The invoice must include:

$ your tax ID number,

$ the PM number,

$ the property address,

$ the Authorization Control Number which is noted on the remarks section on the Sales Closing Statement (VA Form 26-6714),

$ the date of closing,

$ the sales price as stated on the Sales Closing Statement (VA FORM 26-6714), and the commissions due . The commission must agree with the amount stated on the Addendum to Offer to Purchase and Contract of Sale, VA Form 26-6705.

D. A sample invoice is shown in Exhibit A. We encourage you to modify the form for your use. We do not furnish invoice forms. The commission will be paid to the entry on the line labeled "Typed Name of Firm or Sales Broker".

 

28. Closing Cash Sales

 

A. Cash-In-Hand. We expect that cash-in-hand sales will normally close within 10 days of our written acceptance. The closing may be held at our Management Broker's office, or at buyer’s title company.

B. Cash-Subject-To-Financing.

n When a cash offer has been accepted by VA, and the funds are to be obtained from a lender, the broker must notify VA within 7 days of the lender to whom a loan application is being made.

n We will allow 20 days to close a lender-financed cash sale.

n We will allow the closing to be held by the lender or their closing agent (title company or attorney). We will provide the deed upon notice that the loan has been approved (please give us notice 7 days in advance of the planned closing date).

Loan approval must be from the approved underwriter or an individual that has the authority to commit the lending institution to the loan ( this is not generally the loan officer or processor)

Prior to closing, the closing agent or title company must fax in the HUD I settlement (front and back) for VA to review and approve.

 

29. Cash Sale Closing Costs

    1. VA will be responsible for closing costs ONLY if a dollar amount is reflected on line 7D of the Offer to Purchase.

Generally in VA or FHA financing purchasers are prohibited from paying certain fees. It is therefore imperative that the real estate brokers take care in completing line 7D concerning Closing Costs to include the proper dollar amount. Prior to closing VA will review the HUD 1 for compliance with the purchase agreement.

B. Below is a sample breakdown of where certain fees are charged for FHA or VA loans. The list is not intended to be exact as exceptions may come into play in each program:

 

Purchasers normally pay

$ tax and insurance escrow deposits,

$ the insurance premium,

$ credit report,

$ appraisal,

$ mortgage title policy,

$ VA Funding Fee or HUD Mortgage Insurance Premium,

$ survey,

$ recording fee,

$ lender discount points

Seller normally pays

$ the next installment of taxes payable after the closing (whether or not the installment has already been paid),

$ termite report,

$ health authority inspections,

$ the owner's title insurance premium,

$ closing fee.

If VA is going to be charged any of the above fees, the dollar amount must be shown in Section 7 of the purchase agreement, VA Form 26-6705.

Note: Discount Points fees to be paid by VA must appear on line 7 B.

Loan origination fees to be paid by VA must appear on line 7 C.

Do not include loan origination or discount points as closing fees on line 7D. The are to be listed on lines 7 B or 7C.

Note concerning taxes

Taxes need not be disclosed on the purchase agreement as VA will always pay or provide a credit for the next installment due and any current outstanding delinquencies.

 

30. Final Inspection By Purchaser and Sales Broker

A. The selling broker must advise our Management Broker of the scheduled closing date several days in advance and then pick up the keys to the property from the management broker before the closing.

B. The purchaser and broker must sign the "As Is" statement at the sale closing. The purchaser should examine the property on the date of the sales closing to determine if there has been any change in the condition of the property since the original showing.

C. VA responsibility for maintenance and protection of the property ends, and the responsibility of the purchaser begins, when the sale is closed. Repairs by VA after the closing are generally limited to glazing of broken PRIMARY windows (unless stated on the listing).

D. The purchaser must make arrangements to transfer utility services immediately upon closing.

 

31. Final Inspection by VA Management Broker

Just prior to closing our management broker will make a final inspection. The management broker will pick up the VA warning sign, "For Sale" sign, and property inspection cards, change the keys or pick up the Lock Box, and place the smoke detector(s) in the property. Selling brokers are not permitted to remove these items from the property. VA Management Brokers receive no sales commission or fees for assisting selling brokers.

 

32. Timeliness of Closings

A. It is imperative that all sales closing be completed on the date set for the closing. If the closing is to be delayed, the closing agent must immediately be notified by telephone with the reason for the delay and the date the loan will be closed. If the delay extends beyond one week VA must also be notified.

B. If the purchaser refuses to close, the earnest money deposit and a letter of explanation must be forwarded to VA immediately.

 

33. Exemption from Reporting to the IRS Real Estate Transfer by VA

Regulations issued by IRS provide that an information return (IRS Form 1099-B) is not required where the transfer of the property is the United States or any agency or instrumentality thereof. Internal Revenue Regulation 1.6045-3T, Paragraph (d) (2), 52 F.R. 10742, 10744 (April 3, 1987) is applicable.

 

INDEX

A

Advertising, par. 6

Affiliates, VA, par. 15

B

Bonuses for quick cash sales, par. 27

C

Closing Cash Sales, par. 28

Closing Costs, Cash Sale, par. 29

CLOSING THE SALE, par. 23 ff

Condition of Property, par. 5

Contingencies, par. 13

Criteria for Acceptance of Offers, par. 18

D

Delivering an Offer to VA, par. 14

Discount Points, par. 18, 29

E

Earnest Money Deposit, par. 12

F

FILLING OUT THE FORMS, par. 19

Final Inspection By Purchaser and Sales Broker, par. 30

Final Inspection by VA Management Broker, par. 31

FOR SALE signs, par. 6

Forms, Obtaining, par. 7

H

Highest net return, par. 18

I

INVOICE FOR SALES COMMISSION, Exhibit A

IRS Exemption from Reporting the Real Estate Transfer by VA, par. 33

K

Keys, par. 4

L

Lead Paint Notice, par. 21

M

MAKING THE BEST OFFER, par. 17

N

NET RETURN TO VA., par. 18

O

Offer To Purchase and Contract of Sale, par. 20

Open Houses, par. 10

P

Possession of the Property, par. 25

Power of Attorney, par. 16

R

Required Offer Packages, par. 13

S

Sales Commissions, par. 27

Sales Information, par. 3

SHOWING VA HOMES, par. 9

Simultaneous Period, par. 17

Survey, buyer pays for, par. 5

T

Tax/Special Assessment Prorations, par. 26

Types of Offers, par. 11

V

VA Form 26-6705e, par. 21

VA FORM 26-6705, par. 20

VA HOME BASICS, par. 1

EXHIBIT A

 

 

SAMPLE COPY OF INVOICE FOR SALES COMMISSION

Please submit on company letterhead

Department of Veterans Affairs

Property Management (264)

575 N Pennsylvania St

Indianapolis IN 46204

Payee: ___________________________ _________________

(Typed Name of Sales Broker) Tax ID Number

___________________________

(Typed Mailing Address)

____________________________

(Typed City, State, Zip Code

Statement for services rendered in connection with the sale of property described as:

Property Management No. ___________Purchaser's Name: ___________________

Authorization No.: 60-________________

(Obtain this number from back of sales closing statement)

Property Address: _________________________________

Street Address

__________________________________

City, State, Zip Code

Purchase Price: $_____________

Basic Commission $______________ (As stated on VA Form 26-6705)

Listed Bonus (if any) $______________ (As stated on VA Form 26-6705)

Quick Cash Sale Bonus $______________ (if any)

Total Commission: $______________

____________________________________

(Signature of Broker)

_____________________________________

(Typed Name and Title)

 

EXHIBIT A