26-6705
Offer to Purchase and Contract of Sale
VA Form 26-6705 is the U.S. Department of Veterans Affairs Offer to Purchase and Contract of Sale. VA's page lists it under Housing assistance. Its Privacy Act notice says the information collected on the form will serve as an offer to purchase a VA-acquired property. The purchaser or purchasers make the offer through a real estate broker, and the instructions tell the broker to follow the instructions of the Service Provider to submit it.
The form is two pages. Page 1 identifies the property and purchasers, sets out a cash offer or a term offer with the net to VA, the earnest money deposit, the signatures of the purchasers and the broker, and the acceptance by VA. Page 2 holds the Conditions of Sale, the sales broker certification and the purchaser certifications.
The form carries OMB Control No. 2900-0029. You can fill out the PDF free in your browser on this page and download the result without an account.
The property address and identifier, each purchaser's name, address and phones, the exact names for the title, whether the purchasers plan to occupy the property, and whether any purchaser is a Veteran, with service number and dates.
Whether the property is being bought by or for anyone who obtained or assumed a VA loan, worked for the Service Provider in the last 6 months, ever owned the property, or bought a property from VA before, or their close relative.
The offered price, deductions for discount points, loan origination fee, closing costs, sales and listing commission and sales bonus, the net to VA, and the number of days to close after VA accepts.
The offered price, downpayment, vendee loan requested, cash equivalent factor and value, funding fee, commission and bonus, net to VA, interest rate, years and monthly payment, then the earnest money deposit.
Purchaser and co-purchaser signatures, the real estate firm, principal broker, tax ID or Social Security number, sales person and phone, the broker's signature, and VA's acceptance.
Eleven conditions, including the funding fee notice, risk of loss, when the seller may rescind, earnest money, vendee financing and closing costs, plus the sales broker and purchaser certifications.
Enter the property address and identifier, then Section I for each purchaser, using SAME for a second purchaser at the same address.
If any answer in Items 6A to 6D is yes, the form asks for a detailed statement of the circumstances on a separate sheet.
Fill in Item 7 for a cash offer or Item 8 for a term offer, and the earnest money in Item 9. The form says errors in computing the net to VA may result in the offer being rejected.
The form says all parties acknowledge by signing that they have read and understand the Conditions of Sale on page 2 and any required attachments and addendum.
The purchasers sign Items 10 and 11, the broker completes Items 12 and 13, and the broker submits the offer as the Service Provider instructs.
You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.
The form says: INSTRUCTIONS TO BROKER - Follow the instructions of the Service Provider to submit offer. The form and VA's page print no mailing address.
The form says that, based on correct calculations, the offer which provides the highest net return to VA will be accepted.
Acceptance is shown by the signature in Item 14A and a signed copy returned to the purchaser or sales broker. If the offer is not accepted, the prospective purchaser will be notified of the rejection.
The broker holds the deposit as trustee in a Trust Escrow Account. If VA does not accept the offer, the form says the deposit shall be returned to the prospective purchaser without interest.
The form is dated JAN 2023 and supersedes VA Form 26-6705, JAN 2021, which will not be used. It shows OMB Control No. 2900-0029 with an expiration date of 01/31/2026.
The form has parts for the buyers, their broker and VA.
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Its Privacy Act notice says the information collected on the form will serve as an offer to purchase a VA-acquired property.
The form is signed by the purchasers and their real estate broker, and it tells the broker to follow the instructions of the Service Provider to submit the offer.
Item 7 is a cash offer with deductions and a net to VA. Item 8 is a term offer that includes a downpayment and a vendee loan requested, with a cash equivalent value and a net to VA.
The sales broker certification says the deposit shall be returned to the prospective purchaser without interest.
The Conditions of Sale say Title 38, U.S. Code, Section 3729 requires VA to collect a funding fee from each person who obtains a vendee loan to purchase a VA-acquired property, paid in cash or certified funds at closing, with exceptions the form lists. The form prints no fee amount.
Condition 6 says the seller may retain all or a portion of it as liquidated damages if the purchaser refuses or otherwise fails to perform, and that failing to obtain mortgage financing after reasonably and diligently pursuing it is not considered a failure to perform.
The JAN 2023 edition. It supersedes VA Form 26-6705, JAN 2021, which will not be used.
