PROMISE TO SELLER. In the event that the financing contingency of the purchase and sale agreement (“P&S”) between Seller and Buyer fails on an Eligible Transaction due to a radius Pre-Approval mistake (a “Bad Pre-Approval”), then radius shall pay Seller ten thousand dollars ($10,000), subject to the terms and conditions herein. This payment shall be Seller’s sole remedy.
PROMISE TO BUYER. In the event that radius issues a Bad Pre-Approval to Buyer on an Eligible Transaction, radius will reimburse Buyer reliance expenses up to one thousand dollars ($1,000) for a home inspection, appraisal, or legal expenses actually paid out-of-pocket by Buyer, subject to the terms and conditions herein. This payment shall be Buyer’s sole remedy.
ELIGIBLE TRANSACTION. For purposes of this Promise, an “Eligible Transaction” is a purchase money mortgage transaction for a primary residence (made on or after April 1, 2018) (not made to a radius employee or immediate family member), provided that the loan is a Conventional, USDA, VA, or FHA loan product for either (i) an existing home resale or (ii) a newly constructed home that is to be delivered and closed within ninety (90) days of the P&S.
CONDITIONS. The applicable radius Pre-Approval must not have expired prior to the date of the P&S. Offers/P&Ss cancelled due to home inspection issues or title defects are not covered under this Promise, and this Promise is void if a Bad Pre-Approval is the result of: (i) a change in Buyer’s financial position, (ii) property specific requirements or expenses (e.g. homeowner’s association dues/fees, flood insurance, or property taxes), or (iii) loan product availability or underwriting requirements, or third-party actions outside of radius’ control. A Pre-Approval Promise agreement must be signed by all parties.