Statewide Form 22A—Financing Contingency: The Broker’s Perspective

The statewide financing contingency form, Form 22A, present parties with some serious issues to consider. Prior pieces addressed seller and buyer concerns, but Form 22A also presents brokers with serious issues to consider.

The most complex issues for listing brokers may involve the seller’s decision to send a request to the buyer to waive their financing contingency using Form 22AR. Some attorneys believe that a seller’s request for waiver should frequently be sent simply because the waiver of the financing contingency would benefit the seller. In contrast, I would note that in practice I have seldom seen Form 22AR sent, either by my listing clients or sellers when I represent buyers. That calls into question why there is a difference between what some lawyers in Washington think should be done, and what actually occurs…