HUD 9548 Sales Contract

Instructions for
Sales Contract

Property Disposition Program

U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner

Public reporting burden for this collection of information is estimated to
average 30 minutes per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. This information is
required to obtain benefits. HUD may not collect this information, and you are
not required to complete this form, unless it displays a currently valid OMB
control number. This information is required in order to administer the Property
Disposition Sales Program (24 CFR Part 291). The collection of information is
required in order to provide a binding contract between the property purchaser
and HUD. A real estate broker or one of its agents completes this form. If this
information were not collected, HUD would not be able to administer the
Property Disposition Sales Program properly to avoid waste, mismanagement,
and abuse. While no assurances of confidentiality are pledged to respondents,
HUD generally discloses this data only in response to a Freedom of Information
request.

OMB Approval No. 2502-0306 (exp. 11/30/2013)

Privacy Act Statement: The Department of Housing and Urban Development is
authorized to collect this information by the National Housing Act, Section 235(b), P.L.
479, 48 Stat. 12 U.S.C. 1701 et seq. HUD is authorized to collect the Social Security
Number (SSN) by Section 165(a) of the Housing and Community Development Act of
1987, P.L. 100-242, and by Section 904 of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988, P.L. 100-628. The information is being collected to determine
the amount of assistance (if any) the applicant is entitled. The information is also used as a
tool for managing the program(s) related to this form, and for protecting the Government’s
financial interests. The information may be used to conduct computer-matching
programs to check for underreported or unreported income. The SSN is used as a
unique identifier. The information may be released to appropriate Federal, State, and local
agencies, and when relevant, to civil, criminal, or regulatory investigators and/or
prosecutors. This information will not be otherwise disclosed or released outside of HUD
except as permitted or required by law. It is mandatory that you provide all of the requested
information, including all SSN(s), for you and all other household members age six years
and older. Failure to provide SSN(s) and required documents will result in a delay or loss of
assistance payments.

This Sales Contract, identified as form HUD-9548, must be prepared and transmitted in accordance with the following
instructions. The form provides an original for fiscal and legal review, signed copy for the Purchaser, and unsigned
information copies for the Purchaser, the selling Broker, and HUD's designated representative..
Remove this Instruction Sheet and type the HUD Case Number in the box in the upper right.
Item 1: Type Purchaser(s) name and complete property address.
Item 2: Enter name(s) and style in which title will be taken.
Item 3: Enter Bid Amount and amount of earnest money Purchaser has deposited.
Enter holder of earnest money deposit in accordance with Seller's instructions.
Item 4: Enter when appropriate, strictly in compliance with Seller’s offering. If Seller has offered the property with insured financing
available, and Purchaser is buying under such means, check the first block and the applicable type of insured financing, and
complete the down payment and mortgage information. If the insured mortgage involves a repair escrow (and has been so
offered by Seller), also check the appropriate block and insert the amount of the repair escrow.
Note: The amounts shown for “cash due at closing” and “balance by mortgage” do not include the FHA Mortgage
Insurance Premium, prepaid expenses or closing costs Seller has agreed to fund into the mortgage.
Note: If Purchaser is paying cash or applying for conventional or other financing not involving FHA, check appropriate block.
Item 5: Enter amount of financing/closing costs Seller is expected to pay.
Note: If the amount stated in Item 5 exceeds actual and typical allowable financing and/or closing costs, such excess shall
not be paid by Seller and may not be used by Purchaser to reduce amount(s) owing to Seller.
Item 6: Enter dollar amount Seller is expected to pay, including any selling bonus if offered by Seller. The commission will be
paid by Seller upon completion of closing.
Item 7: Enter net amount due Seller (purchase price [Item 3], less Items 5 and 6). Contract will be awarded on the basis of the greatest
acceptable net return to Seller.
Item 8: Enter appropriate occupancy information. If left blank, Purchaser will be considered as an investor. If purchaser qualifies for
discount, enter percent. Discount will be reduced by amounts, if any, on Line Items 5 and 6. (Do not enter discounted price
on contract.)
Item 9: Enter in accordance with HUD's instructions.
Item 10: Enter appropriate back-up offer information.
Item 11: Enter if an addendum is to be attached to and made a part of this contract.
Note: Addendum not previously approved by Seller may not be made a part of this Contract. Approved addendum must be
signed by, and in the same style as, those signing as Purchaser(s).
Item 12: Purchaser(s) must initial in appropriate space.
Other: a. Failure of the Purchaser to perform in accordance with this contract may cause the Seller to retain all or a portion of the
earnest money deposit. Broker must be certain this is fully explained to and understood by the Purchaser(s).
b. Enter Selling Broker’s Name and Address Identifier (NAID). If broker has not been issued a SAMS NAID, complete forms
SAMS-1111, Payee Name and Address, and SAMS-1111-A, Selling Broker Certification, along with required
documentation, and attach to this contract. Contact HUD's local designated representative.
c. The Broker is required to inform Purchaser of the Conditions of Sale on the reverse of the Sales Contract, and particularly
of Purchaser's right and responsibility for satisfying itself as to the full condition of the property prior to submitting an offer
to purchase and that Seller will provide no warranty or perform any repairs after acceptance of the Contract.
Signatures: Sign Original, leaving carbon inserts intact, making certain that the signature(s) appears on all copies.
Transmittal: Forward the Original with Copies 1 and 2 to HUD's designated representative. Copies 3 and 4 are to be retained by Broker
and Purchaser as information copies. Upon acceptance, HUD's designated representative will return the signed Copy 1 to
Broker for delivery to Purchaser(s). HUD's designated representative will retain Copy 2.
Previous editions are obsolete

ref. Handbook 4310.5

form HUD-9548 (1/99)

Sales Contract
Property Disposition Program

U.S. Department of Housing and Urban Development
Office of Housing
Federal Housing Commissioner
HUD Case No.

1. I (We), ___________________________________________________________________________________
(Purchaser(s)) agree to purchase on the terms set forth herein, the following property, as more particularly
described in the deed conveying the property to the Secretary of Housing and Urban Development:
_______________________________________________________________________________________________________________________ .
(street number, street name, unit number, if applicable, city, county, State)

2. The Secretary of Housing and Urban Development (Seller) agrees to sell the property at the price and terms set forth herein, and to prepare a deed
containing a covenant which warrants against the acts of the Seller and all claiming by, through or under him. Title will be taken in the following
name(s) and style: _________________________________________________________________________________________________________ .
3. The agreed purchase price of the property is ...........................................................................................................> 3. $ ________________________
Purchaser has paid $ _____________________ as earnest money to be applied on the purchase price, and agrees
to pay the balance of the purchase price, plus or minus prorations, at the time of closing, in cash to Seller. The
earnest money deposit shall be held by ___________________________________________________________ .
4.
Purchaser is applying for FHA insured financing [
203(b),
203(b) repair escrow,
203(k)] with a cash

5.
6a.
6b.
7.
8.

down payment of $
due at closing and the balance secured by a mortgage in the amount of
for
months (does not include FHA Mortgage Insurance Premium,
$
prepaid expenses or closing costs Seller has agreed to fund into mortgage.).
Said mortgage involves a repair escrow amounting to $
.
Purchaser is paying cash or applying for conventional or other financing not involving FHA.
Seller will pay reasonable and customary costs, but not more than actual costs, nor more than paid by a typical Seller
in the area, of obtaining financing and/or closing (excluding broker's commission) in an amount not to exceed ........> 5. $ _______________________
Upon sales closing, Seller agrees to pay to the broker identified below a commission (including
selling bonus, if offered by seller) of ......................................................................................................................> 6a. $ _______________________
If broker identified below is not the broad listing broker, broad listing broker will receive a commission of: ....> 6b. $ _______________________
The net amount due Seller is (Purchase price [Item 3] less Items 5 and 6) ............................................................> 7. $
0.00
owner-occupant (will occupy this property as primary residence)
investor
Purchaser is:
nonprofit organization

9.
10.
11.
12.
13.

public housing agency

other government agency. Discount at closing:
%
Discount will reduced by amounts, if any, listed on Line Items 5 and 6.
Time is of the essence as to closing. The sale shall close not later than ____________ days from Seller’s acceptance of contract. Closing shall
be held at the office of Seller’s designated closing agent or _______________________________________________________________________ .
If Seller does not accept this offer, Seller
may
may not hold such offer as a back-up to accepted offer.
Lead based paint addendum
is
is not attached; Other addendum
is
is not attached hereto and made part of this contract.
Should Purchaser refuse or otherwise fail to perform in accordance with this contract, including the time limitation, Seller may, at Seller's sole option,
retain all or a portion of the deposit as liquidated damages. The Seller reserves the right to apply the earnest money, or any portion thereof, to any sums
which may be owed by the Purchaser to the Seller for rent. Purchaser(s) Initials:_______ Seller's Initials:_______
This contract is subject to the Conditions of Sale on the reverse hereof, which are incorporated herein and made part of this contract.
Certification of Purchaser: The undersigned certifies that in affixing his/her/its signature to this contract he/she/it understands:
(1) all the contents thereof (including the Conditions of Sale) and is in agreement therewith without protest; (2) he/she/it is responsible for
satisfying itself as to the full condition of the property; and (3) that Seller will not perform repairs after acceptance of this contract.

Purchaser(s): (type or print names & sign)

Purchaser(s) Address:

Purchaser(s) Social Security Number (SSN) or Employer Identification Number (EIN) (include hyphens) Phone No:

Seller:

Secretary of Housing and Urban Development

By:

Date Purchaser(s)Signed Contract:

(type name & title, & sign)

Date Contract Accepted by HUD:

X
Certification of Broker: The undersigned certifies that: (1) neither he/she nor anyone authorized to act for him/her has declined to sell the property
described herein to or to make it available for inspection or consideration by a prospective purchaser because of his/her race, color, religion, sex, familial
status, national origin, or disability; (2) he/she has both provided and explained to the purchaser the notice regarding use of Seller’s closing agent; (3)
he/she has explained fully to the purchaser the entire terms of the contract, including Condition B on the reverse hereof; and (4) he/she is in compliance
with Seller’s earnest money policy as set forth on HUD forms SAMS-1111, Payee Name and Address, and SAMS-1111-A, Selling Broker Certification,
which he/she has executed and filed with Seller.
Broker's Business Name & Address: (for IRS reporting) (include Zip Code)

Broker's EIN or SSN: (include hyphens)

SAMS NAID:

Signature of Broker:

Broker's Phone No:

X
Type or print the name and phone number of sales person:
This section for HUD use only. Broker notified of:

Acceptance
Rejection

Authorizing Signature & Date:

Back-Up No. _____________________
Return Earnest Money Deposit

Previous editions are obsolete

X

Clear All

Print

ref. Handbook 4310.5

form HUD-9548 (1/99)

Conditions of Sale
A. All assessments, including improvement assessments which are
available for payment without interest or penalty for advance payment, taxes, rent, and ground rent, if any, shall be prorated as of the
closing date.
B. Seller makes no representations or warranties concerning the
condition of the property, including but not limited to mechanical
systems, dry basement, foundation, structural, or compliance
with code, zoning or building requirements and will make no
repairs to the property after execution of this contract. Purchaser understands that regardless of whether the property is
being financed with an FHA-insured mortgage, Seller does not
guarantee or warrant that the property is free of visible or hidden
structural defects, termite damage, lead-based paint, or any
other condition that may render the property uninhabitable or
otherwise unusable. Purchaser acknowledges responsibility for
taking such action as it believes necessary to satisfy itself that the
property is in a condition acceptable to it, of laws, regulations and
ordinances affecting the property, and agrees to accept the property in the condition existing on the date of this contract. It is
important for Purchaser to have a home inspection performed on
the property in order to identify any possible defects. If FHA
insured financing is used, up to $200 of the cost to perform the
inspection may be financed into the mortgage. Names of home
inspection companies can be found in the yellow pages of your
telephone directory under the heading “Home Inspection Services.
C. If financing is involved in this transaction (Item 4), Purchaser agrees
that should he/she/it fail to provide documentation indicating that
proper loan application was made in good faith within 10 calendar
days of the date this contract was accepted by Seller, and/or
thereafter otherwise to put forth good faith efforts to obtain necessary
financing, Seller shall have the option of rescinding this contract and
retaining all or a portion of Purchaser's earnest money deposit.
D. Seller may rescind this contract and return all or a portion of
Purchaser's earnest money deposit under the following conditions:
1. Seller has not acquired the property.
2. Seller is unable or unwilling to remove valid objections to the title
prior to closing.
3. Seller determines that purchaser is not an acceptable borrower.
Tender of the deposit shall release the Seller from any and all claims
arising from this transaction.
E. Purchaser may not perform repairs nor take possession of the property until sale is closed. Risk of loss or damage is assumed by Seller
until sale is closed, unless Purchaser takes possession of the property
prior thereto, in which case State law shall apply. (1) If sale involves
FHA insured financing and after damage the property no longer
meets the intent of Minimum Property Standards (MPS), Seller may,
at its option, perform repairs or cancel the contract and return
Purchaser’s full earnest money deposit. If, after damage, the property still meets the intent of MPS, Purchaser has the option of
accepting the property as-is, with a purchase price adjustment at
Seller’s sole discretion, or cancelling the contract and receiving
refund of full earnest money deposit. (2) If sale does not involve
FHA insured financing, Seller will not repair damage but may, at
Seller’s sole discretion, reduce the sale price. Purchaser has option
to cancel the contract and receive refund of full earnest money
deposit. Tender of the earnest money shall release Seller from any
claims arising from this transaction.
Previous editions are obsolete

F. If this property is being offered with FHA insured mortgage financing available, Seller's acceptance of this contract constitutes a
commitment to insure, conditioned upon Purchaser being determined
by Seller or Direct Endorsement Underwriter to be an acceptable
borrower and further conditioned upon Seller's authority to insure the
mortgage at the time the sale is closed.
G. Purchaser understands that Seller's listing price is Seller's estimate of current fair market value.
H. No member of or Delegate to Congress or Resident Commissioner
shall be admitted to any share or part of this contract or to any benefit
that may arise therefrom, but this provision shall not be construed to
extend to this contract if made with a corporation for its general
benefit.
I. Purchaser and Seller agree that this contract shall be binding upon
their respective heirs, executors, administrators, successors or assigns but is assignable only by written consent of the Seller.
J. If this property was constructed prior to 1978, Seller has inspected for
defective paint surfaces (defined as cracking, scaling, chipping,
peeling or loose paint on all interior and exterior surfaces). Seller’s
inspection found no defective paint surfaces, or if defective paint
surfaces were found, Seller has treated or will treat such defective
surfaces in a manner prescribed by Seller prior to closing. Purchaser
understands and agrees that the Seller’s inspection and/or treatment is not intended to, nor does it guarantee or warrant that all
lead-based paint and all potential lead-based paint hazards have
been eliminated from this property. Purchaser acknowledges that
he/she/it has received a copy of a pamphlet which discusses leadbased paint hazards and has signed, on or before the date of this
contract, the Lead-Based Paint Addendum to Sales Contact - Property Built Before 1978. Purchaser understands that the Lead-Based
Paint Addendum must be signed by all Purchasers and forwarded to
Seller with this contract. Contracts which are not in conformance
with these requirements will not be accepted by Seller.
K. The effective date of this contract is the date it is accepted (signed)
by the Seller.
L. If the amount stated in Item 5 exceeds actual and typical financing
and/or closing costs, such excess shall not be paid by Seller and may
not be used by Purchaser to reduce amount(s) due Seller.
M. Seller’s policies and requirements with regard to earnest money
(including forfeiture thereof), extensions of time in which to close
the sale, back-up offers, and allowable financing and/or closing costs
are detailed in instructions issued to selling brokers.
N. Seller makes no representations or guarantees that the property will,
in the future, be eligible for FHA insured mortgage financing,
regardless of its condition or the repairs which may be made.
O. Warning: Falsifying information on this or any other form of
the Department of Housing and Urban Development is felony.
It is punishable by a fine not to exceed $250,000 and/or a
prison sentence of not more than two years. (18 U.S.C. 1010,
3559; 3571)
P. This contract contains the final and entire agreement between Purchaser and Seller and they shall not be bound by any terms, conditions, statements, or representations, oral or written, not contained in
this contract.

ref. Handbook 4310.5

form HUD-9548 (1/99)