Stewart Brokers terms and
conditions for property purchase

1. Existing Condition: Buyer is aware that seller acquired property by way of foreclosure, and the seller is selling and buyer is purchasing the property in its “EXISTING CONDITION” without representations or warrantees of any kind or nature. Any report(s) that is required by the Buyer’s Lender is to be the sole responsibility of the Buyer. Buyer shall neither make nor cause to be made: (I) invasive or destructive investigations: or (II) inspections by any governmental building or zoning inspector of government employee, unless required by Law. Buyer is not allowed to perform, order or otherwise cause and repair(s) and/or work to be done on the property prior to closing without the express written consent of the Seller.
2. “AS IS”: The sale of all Institutional owned properties are made strictly “as is”. Neither Seller nor seller’s agents have made any warranties or representations as to the condition of the property. Seller has made no warranties as to the existence of or absence lead based paints or any other environmental hazard which may or may not exist with any property. Do not send Stewart Brokers a property inspection.  If we need it we will specifically request it in writing. We do not open or read property inspections as they are for the sole use of the person who ordered them.  Buyer(s) further states that they are relying solely upon their own inspection of subject property and not upon any representation made to them by any person whomsoever, and is purchasing the subject property in the condition in which it now exists, without any obligation on the part of the Seller or Sellers agents to make any changes, alterations, or repair thereto.
3. “Sellers Disclosure Statement”: Most of Stewart Brokers listed properties are foreclosures with institutional owners. These owners have no knowledge of the condition of the property; and are selling them in “As Is” condition. No “Sellers Disclosure” will be issued.
4. Properties are Winterized: From October to May all properties are winterized. The property must be de winterized by the seller’s contractor prior to inspections and appraisal. Some Sellers  may charge the buyer to de-winterize.
5. Utilities: Will be turned on at the mains but not necessarily inside the house because they are vacant properties. IT IS IMPERATIVE THAT YOUR INSPECTOR BE ABLE TO LIGHT PILOTS, TURN ON WATER, GAS AND FLIP CIRCUIT BREAKERS, (check that inspector can do this prior to hiring them).  It is the selling agent’s responsibility to see the utilities are on inside the house prior to the buyer’s HOME INSPECTIONS.  The seller and Stewart  Brokers will not be responsible for any inspection/appraisal or re-inspection fees.  If a property does not have a utility supply connected call 770-439-9999 ext. 1109.   Upon completion of the inspection all external faucets must be turned off at the inside shut off valve and the thermostat(s) set at 68 degrees 1st Oct to May 1st  and 85 degrees  May 2nd to September 30th
6. Commission Fees: If set forth in Seller's listing agreement, commission will be based upon sales price minus buyer incentives. 
7. Earnest Money: Earnest Money funds must be stated in the offer. Certified funds will be collected after we arrive at verbal agreement and the lender addendums are issued. Funds will be held by the closing attorney; funds made payable to Stewart Brokers will be wire transferred to the closing attorney as soon as the closing attorney is assigned. If your buyer defaults or cancels a contract they must recover their earnest money from the assigned closing attorney according to the terms of the termination and release document.   Earnest money  amount is suggested to be at least 1% of the purchase price with a minimum of $1,000.
8. Property access: The access information is in the multi list, if there is no Supra Box the code to the coded box will be in the multi list “Agents Print Out”.  FMLS codes are in  “Private remarks”  MLS codes are in “Agents eyes only” . If you are having access problems email us at or during business hours call 770-439-9999 ext. 1109.
9. Buyer’s Access:  Buyers are allowed to visit the property during daylight hours only. The Selling agent must accompany the buyers on all visits and remain with the buyer(s) at all times when they are on the property.  The Seller will not give the buyer(s) permission to move into the property or do work on the property,  prior to the closing and completion of the sale.  Buyer(s) found inside the property without the Selling agent will be considered trespassers.
10. Making an offer: All offers are made through our website.  Licensed Georgia Real Estate agents, (Selling Agent) can download the contract and addendums.  Complete the offer and have buyer(s) sign the offer. To present an offer, the Selling Agent will register and enter the details of the Buyer(s) offer into our automated offer registration system, after completion the Buyer signed offer must be uploaded into our system.  A slower method of offer delivery or if  Selling Agents are not computer literate, you may fax offer to 770-217-4062.  Confirmation of your fax is not confirmation that we have received it.  Within 24 hours of the 1st business day that we receive your offer, we will review the offer, and you will receive an email confirmation that your offer was complete and being presented, or that the offer was incomplete and not presented. You MUST provide a legible email address per the Purchase and Sale contract, even if you faxed the offer in, our response will come to you via email.  Check your ‘junk’ file; if you have one of those filters that requires us to enter a code use a better email. Stewart Brokers strives to make the negotiations of all offers fast and efficient, but offer response time varies upon the Seller response time. Some offers may take up to seven days to receive a response. If you have not had a response from us in the form of counter or rejection via email after a week please emailor call 770-439-9999 ext. 1112. Please don’t call until you have checked your email including your junk file.