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Key Learnings. The FHA amendatory clause is a contractual provision that protects homebuyers in FHA real estate transactions. It allows buyers to back out of the purchase if the homes appraised value is lower than the sales price. By Crystal Shifflett, Loan Coordinator.
Can Home Sellers Refuse Offers Backed By An FHA Loan? Unfortunately, yes, they can. In a competitive sellers market, a homes seller might have their pick of many offers. They may even be able to choose an all-cash offer and avoid dealing with the mortgage process altogether.
The buyer, co-buyer, seller, buyers agent and sellers agent must sign the FHA amendatory clause. The FHA will not insure or guarantee the loan if its not signed.
It is expressly agreed that notwithstanding any other provisions of this contract, the purchaser shall not be obligated to complete the purchase of the property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise, unless the purchaser has been given, in ance with HUD/FHA
While similar, the FHA Amendatory Clause is more specific and is required for FHA loans. It is not required in sales by the Department of Veterans Affairs, Fannie Mae, Freddie Mac, and Rural Housing Services, among others.
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An amendatory clause must be included in the sales contract when the borrower has not been informed of the appraised value by receiving a copy of Form HUD-92800.5B, Conditional Commitment/DE Statement of Appraised Value or VA-CRV before signing the sales contract.
o Eliminated the use of Market Conditions Addendum (Form 1004MC) to align FHA with the government-sponsored enterprises (GSEs) and the Department Page 2 of Veterans Affairs (VA), provided an update to the market condition required reporting in connection with the elimination of Form 1004MC, and deleted the entire

fha amendatory clause form pdf