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FIRST ANSWER
Before your jump the gun and potentially spend thousands of dollars on lawyer's fee, it may be advisable to talk to a real estate agent first (for free!) to learn about the process of purchasing REO properties. If I understand your question correctly, you want to purchase REO or bank-owned properties that are listed on the market in which the bank has taken over the title as current owner AFTER the foreclosure trustee's sale. If that is true, the sale process is just like a regular sale (with some exceptions) and the transaction can be handled by buyer's agent and seller's agent to represent the two parties.
In a broad stroke, REO sale is similar to a regular sale in the following ways: (1) buyers have the right to fully investigate the property by ordering all applicable inspections (e.g. property inspection, termite, foundations, roof, etc.) as necessary. Buyer may cancel the contract without penalty within the contingency period. (2) buyers can put in 1%-3% as initial deposit (unlike auctions in which 10% is required and non-refundable upon cancellation). (3) buyers have a reasonable timeframe to get apply for loan. If for some reason the lender declines the loan, buyer may cancel without penalty if cancellation is within the contingency period.
There are a few things you may want to know about REO transactions that are different from a regular sale. First of all, the seller (the bank) is exempted from giving certain disclosures. You can take a peek at the disclosure chart posted below. Secondly, once your offers gets accepted, the bank will most likely to prepare an addendum that "supersedes terms & conditions in previous contracts" (or similar phrases). Don't let this clause scare you -- while it's imperative to review the addendum carefully and fully understand the terms, the addendum by and large reflect the accepted terms on your purchase agreement. While some people choose to hire a real estate attorney to interpret the documents, most of the transactions close without one from what I've observed.
I hope this helps!
Sat Sep 19 2009, 01:32