Confirmation of Value Addendum — Fair Market Contingency — RPI Form 266

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This form is used by a buyer agent when preparing a purchase offer and performance by the buyer is contingent on their further approval of the value of the property, to add as an addendum a boilerplate contingency provision for buyer approval or cancellation of the transaction.

Your use of RPI Form 266

Addenda add conditions to a purchase agreement

In real estate, a purchase agreement is the primary document prepared by a buyer broker and used to establish the fundamental terms and conditions of a generic property transaction sought by a buyer.

While the purchase agreement encompasses critical details of the transaction such as the purchase price, disclosures the buyer is to receive and closing conditions, it doesn’t contain conditions unique to a property, the market or the buyer.

A buyer agent preparing an offer for submission on behalf of their buyer-client needs to add terms unique to the transaction but not covered in the boilerplate language of the purchase agreement form.

One easy solution is for the buyer agent to write these additional terms and conditions in a General Use Addendum which is attached as referenced in the purchase agreement. [See RPI Form 250]

Examples of additional terms and conditions the buyer may want in a purchase agreement include:

personal property acquired from the seller;
early occupancy by the buyer;
complete a related task before or on closing;
occurrence of an event before or on closing;
approval of property conditions; and
address an unusual property condition.

Specific buyer agent addenda

Pre-printed addenda are available for specific situations which address related terms and conditions.

These situations include:

ensuring the condition of the roof is satisfactory;
the availability of hazard insurance; and
the relationship of the purchase price to the property’s fair market value.

The addenda used for these purposes are:

Roofing Inspection Addendum — Due Diligence Contingency [See RPI Form 260];
Hazard Insurance Addendum — Availability Contingency [See RPI Form 261]; and
Confirmation of Value Addendum — Fair Market Contingency. [See RPI Form 266]

Analyzing the Confirmation of Value Addendum

A buyer agent uses the Confirmation of Value Addendum — Fair Market Contingency published by RPI as an addendum to prepare a purchase offer contingent on the buyer’s further approval of the price offered to acquire the property or disapproval and cancellation of the transaction. [See RPI Form 266]

The Confirmation of Value Addendum — Fair Market Contingency contains:

Facts:
- the agreement to which the addendum is attached:
  - purchase agreement; or
  - other;
- the date of the agreement;
- the buyer’s identity; and
- the real estate involved [See RPI Form 266 §1];

Agreement:

the number of days after acceptance during which the buyer may terminate the agreement based on the buyer’s reasonable disapproval of the amount the buyer has agreed to pay to acquire the property [See RPI Form 266 §2];