Va amendment to contract form 2025

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What Is the VA Escape Clause? The VA Escape Clause, also known as the VA Amendment to Contract or the VA Amendatory Clause, is an appraisal contingency that protects homebuyers earnest money if the VA appraisal determines the home is worth less than what they agreed to pay.
Earnest money with a VA loan is typically applied to the down payment and closing costs, so in a sense, you get VA loan earnest money back. However, if the transaction falls through or you back out of it because you changed your mind, you could lose the earnest money to the seller.
A contract amendment is exactly what it sounds like a change to an existing contract that both (or all) sides agree to. Amendments can be changes to anything in the original contracts terms, clauses, sections, or definitions.
The VA requires that the loan amount not exceed the appraised value of the property. The amendatory clause protects buyers by providing a way for them to get out of the buyer-seller contract without losing their earnest money deposit if the appraisers notice of value (NOV), is less than the sales price.
It is a required attachment to any VA loan agreement if earnest money is put down before the home is appraised. The clause is similar to amendatory clauses required for FHA loans and contingency clauses often attached to buyer-seller contracts with a traditional mortgage.

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Also known as contract variations, contract amendments are documents used to make a mutually agreed-upon change to a preexisting contract. Depending on your needs, an amendment can change the following: The length or term of a contract. The fees or price for a service or product. Parties duties and liabilities.
The FHA amendatory clause gives you the right to back out of buying a home without losing any money if the appraised value doesnt meet or exceed the sales price. Its just one of many disclosures youll sign if you take out a loan backed by the Federal Housing Administration (FHA).
If the appraisal comes in lower than the agreed-upon purchase price, it can create a gap between the loan amount the VA is willing to guarantee and the price the buyer agreed to pay. This situation may require the buyer to make up the difference in cash.

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