ROGR Form Guide — Which Form Do I Use?

The Buyer Side

Follow these steps in order every single time. Each form has a specific purpose and a specific moment. Miss one and you're exposed.

⚠️ NAR RULE — Every ROGR Agent Must Know This Every agent at ROGR is a member of NAR (National Association of REALTORS®). That means verbal buyer agreements are prohibited — period. Before you show any buyer any property, a written agreement must be signed. No exceptions. If a buyer won't sign, you cannot show the home.

⚡ Quick Decision: Which Agreement Does This Buyer Need?

What is happening right now?

→First meeting only — no showing yetWWREA + explain the 3 options

→Buyer wants to see ONE property, not ready to commitWWREA + Touring Agreement (before the showing)

→Buyer is working with you regularly, not exclusiveWWREA + Form 203 Non-Exclusive BAA (before any showing)

→Buyer is committed to working with only youWWREA + Form 201 Exclusive BAA (before any showing)

→You are the listing agent showing your own listing, representing seller onlyWWREA only — no buyer agreement needed

Always First — Before Any Conversation Goes Deep

WWREA — Working With Real Estate Agents Disclosure

Form 261

Working With Real Estate Agents (Buyers)

USE THIS: At first substantial contact with any buyer — before they share anything about their budget, motivation, or timeline. Required by NC law. Not a contract.

The WWREA is NC law — required at first substantial contact. It explains how agency works. Signing it means the buyer received the information, nothing more. As a REALTOR®, you still need a written buyer agreement before any showing — the WWREA doesn't substitute for that.

⚠️ AGENT FYI — The WWREA language says "before making an offer" but that is NOT our standard at ROGR. As NAR members, we are required to have a signed written buyer agreement (Touring Agreement, Form 203, or Form 201) before showing any property — not just before writing an offer. The WWREA explains agency concepts but does not satisfy that requirement. The written agreement must come first, every time.

📚 The 3 Types of Dual Agency — Know All Three

TYPE 1 — Two Agents, Same Firm

One agent at ROGR represents the buyer. A different agent at ROGR represents the seller. The firm itself represents both parties. Both agents' advocacy for their client is limited because they're on the same team.

TYPE 2 — One Agent Represents Both Buyer AND Seller

The same single agent represents both the buyer and the seller in the same transaction. This is the most limited form of advocacy — the agent cannot fully advocate for either party. Requires explicit written authorization from both clients.

TYPE 3 — Designated Dual Agency (Most Protective)

The firm represents both parties, but formally designates one agent exclusively for the buyer and a completely separate agent exclusively for the seller. Each designated agent can fully advocate for their client because they have no confidential knowledge of the other side. This is the best option when dual agency is unavoidable.

📋 Click Any Section to Get a Plain-English Explanation + Script

Required Before ANY Showing — No Exceptions for REALTORS®

Choose the Right Written Buyer Agreement

📌 Remember: All three options below require a signature BEFORE the showing. Verbal agreements violate NAR rules. If a buyer refuses to sign, you cannot show the property.

ROGR Custom Form

Home Showing Agency Agreement

USE THIS WHEN: Buyer wants to see just one property and isn't ready to commit to a full BAA. One showing, full fiduciary representation, no fee. Must be signed before the showing — not at the door. If they want to make an offer, stop and upgrade to a full BAA first.

This is ROGR's custom form — drafted by Martin & Gifford, PLLC and licensed exclusively to Realty ONE Group Results. It is not available anywhere in the NC REALTORS® library or any standard forms platform. The full form text is embedded below so you always have access to it right here.

⚠️ Can't find your copy? It was sent in your onboarding email — search your inbox for "Home Showing Agency Agreement" or "ROGR forms." Many agents never received it or can't locate it. If that's you, contact Teresa or the office and they'll resend it. Once you have it, save it somewhere you can pull up fast — it must be signed before the showing, not in the driveway.

⬇ Download Blank Form (PDF)

ROGR_Home_Showing_Agency_Agreement.pdf

REALTY ONE GROUP RESULTS

HOME SHOWING AGENCY AGREEMENT

This Home Showing Agency Agreement (this "Agreement") is made by and between ("Buyer") and Realty ONE Group Results ("Firm") and relates solely to real property located in North Carolina.

1. Purpose of Agreement:

a. Firm shall (i) consult with Buyer and (ii) assist Buyer in locating and touring properties offered for sale (collectively the "Showing Services"). Buyer authorizes Firm to act on Buyer's behalf to perform the Showing Services.

b. In connection with providing the Showing Services, Firm shall represent Buyer as Buyer's agent and shall act in the best interest of Buyer as a fiduciary under NC laws and pursuant to all applicable professional standards.

c. Buyer and Firm agree that this Agreement does NOT create an exclusive agency agreement between the Parties. However, Buyer agrees to sign such an agreement with Firm should Buyer tour a home with Firm for which Buyer decides to make an offer to purchase.

2. Buyer Representation:

Buyer represents that Buyer has not signed an Exclusive Buyer Agency Agreement that is currently in effect and enforceable.

3. Term of Agreement:

This Agreement is entered into on and shall expire at 11:59 p.m. on . However, either party may terminate this Agreement by giving a written notice to the other party at any time, and for any reason, by letter, text message, or email.

4. No Fee for Showing Services:

No Fee is owed by Buyer under this Agreement for the Showing Services. Firm may not receive compensation for the Showing Services from any source that exceeds the amount or rate agreed to in this Agreement. However, this does not mean that the parties cannot enter into a subsequent agreement for compensation for additional services. If Firm provides Buyer with brokerage services beyond the Showing Services, Buyer and Firm will enter into a separate agreement for such additional services. The fee or commission the parties agree to for those services is not set by law, is fully negotiable, and shall be documented in that separate agreement.

5. Firm shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap, or familial status of any party or prospective party.

Buyer

Realty ONE Group Results

License No. C28936

By (Agent)

License No.

💡 Think of it this way: It's a test drive. Full fiduciary representation for one showing, no fee, no strings. The moment they decide they want to make an offer — stop, upgrade to a full BAA, then write the offer. The Home Showing Agreement is done at that point.

📋 Click Any Section to Get a Plain-English Explanation + Script

Form 203

Non-Exclusive Buyer Agency Agreement

USE THIS WHEN: Buyer is ready to work with you regularly but hasn't committed exclusively. They can still work with other agents. You represent them with full fiduciary duties.

Form 203 makes you the buyer's agent without locking them exclusively to you. You owe them full loyalty, confidentiality, and fiduciary duties — but they're not prohibited from also working with other agents. Great for buyers who are still getting comfortable with you.

📋 Click Any Section to Explain It

Form 201

Exclusive Buyer Agency Agreement

USE THIS WHEN: Buyer is fully committed to working with only you. All offers, negotiations, inspections go through your firm only. Includes a Protection Period.

The Exclusive BAA is the strongest commitment. The buyer agrees to work exclusively through you and your firm for all activities. You owe them complete loyalty, confidentiality, and full advocacy. The Protection Period means if they buy a property you showed them after the agreement expires, you may still earn your commission.

📋 Click Any Section to Explain It

💰 Due Diligence Fee vs. Earnest Money — Know the Difference Cold

This is one of the most important concepts in NC real estate. Buyers, sellers, and agents confuse these constantly. Here's the clear breakdown:

🔑 Due Diligence Fee

Paid directly to the seller — not held in escrow
Goes to seller immediately upon contract signing
NON-REFUNDABLE to buyer — period
Only returned if seller can PROVE they materially breached — extremely difficult to do
Credited back to buyer as a credit at closing if the deal closes
Compensates seller for taking the home off market while buyer investigates

💵 Earnest Money Deposit

Held in escrow/trust account — not given to seller
Refundable to buyer if they terminate during due diligence for any reason
Buyer loses earnest money if they terminate AFTER due diligence ends without valid reason
Buyer gets it back if seller breaches
Credited to buyer at closing if deal closes
Shows good faith to the seller

⚠️ CRITICAL — Non-Delivery of DD Funds Does NOT Void the Contract. There Is a Required Two-Step Process. This is one of the most misunderstood points in NC real estate. If a buyer fails to deliver the Due Diligence Fee or Earnest Money by the due date — or their check bounces — the contract is still in force. It is NOT automatically void. The listing agent must follow a strict two-step process: Step 1 — Send Form 355-T to put the buyer on written notice that they have exactly one (1) banking day to deliver guaranteed funds. Step 2 — If buyer still does not deliver, send Form 352-T (Seller's Notice of Unilateral Termination) to formally complete the termination. BOTH forms must be sent in sequence — one does not work without the other. Once Form 352-T is sent the seller can put the home back on the market. Additionally, the seller retains the right to pursue the buyer in court to collect the DD fee and may also seek all legal fees and court costs from the buyer. The buyer does not get to simply walk away without consequences. Always advise your seller to consult an attorney before deciding whether to pursue those remedies.

⚠️ FHA/VA Exception: With FHA or VA loans, if the home doesn't appraise and the parties can't agree on new terms, the buyer gets their earnest money back — even AFTER the due diligence period ends. This does NOT apply to conventional buyers.

Ready to Make an Offer

Choose the Right Purchase Contract

Form 2-T

Offer to Purchase and Contract

USE THIS FOR: Almost every resale home. Already built, not being sold directly by a builder who owns the land. This is the standard NC offer form.

Form 2-T is the workhorse of NC real estate. It covers purchase price, due diligence fee, earnest money, closing date, and every key term. Once both parties sign, it is a legally binding contract. See the DD Fee vs Earnest Money box above before reviewing this form with clients.

📋 Click Any Section to Explain It

Form 800-T

Offer to Purchase — New Construction (Not Yet Complete)

USE THIS WHEN: Builder/seller owns the land and the home is not yet finished. Do NOT use 2-T for this. Do NOT use this for completed homes — use 2-T + 2A3-T instead.

Form 800-T is for homes that are actively being built. It replaces the 2-T entirely. Uses a Pre-Construction Evaluation Period instead of due diligence, and Construction Fees instead of a standard DD fee paid in installments as the build progresses.

⚠️ Do NOT use 800-T when: (1) Seller doesn't own the land, (2) Buyer owns the land, or (3) Buyer is financing construction themselves. And never use 350-T or 390-T to terminate a 800-T contract — use Form 890-T.

💡 Simple rule: Construction NOT done → Form 800-T. Construction DONE or mostly done with only minor work left → Form 2-T + 2A3-T addendum.

Form 2-T + Addendum 2A3-T

New Construction Addendum — Completed Spec Homes

USE THIS WHEN: Builder has already finished a spec home (or townhouse — NOT condo). Use standard 2-T as base, attach 2A3-T. Reference in Section 14.

When a builder completes a spec home and is ready to sell it, you use the regular 2-T offer with this addendum attached. The 2A3-T adds the builder warranty, insulation specifications, and documents any minor remaining work to be completed. If construction is NOT done, use 800-T instead — not this.

Attach With the Offer When Applicable

Key Addendums — Reference All in Section 14 of the 2-T

Form 220

Cooperative Compensation Agreement

USE THIS WHEN: Seller has agreed to pay the buyer's agent. Reference it in Section 14 of the 2-T, attach to the offer. All parties sign. Never upload to MLS.

Form 220's full title is "COOPERATIVE COMPENSATION AGREEMENT." The form header states: "(Use this form when a seller is represented by a licensed real estate broker. Use Form 150 for an unrepresented seller.)" The bottom of the form in bold caps: "DO NOT UPLOAD FORM 220 TO THE MLS." Four parties sign: Listing Firm, Selling Firm, Seller(s), and Buyer(s). The buyer signs only to acknowledge and consent to the fee — per Section 3 of the form itself.

⚠️ Directly from the form: "DO NOT UPLOAD FORM 220 TO THE MLS." This is printed in bold on the form itself. It is a private compensation agreement between the parties. Reference it in Section 14 of the OTP but never upload it anywhere public.

💡 Who pays? Section 1 of the form has two checkboxes: either SELLER pays or LISTING FIRM pays — check only one. This is significant: if the listing firm agrees to pay and the seller breaches causing the listing firm to not be paid, per Section 3 "Listing Firm will not be obligated to pay if Seller breaches the Contract and Listing Firm is not paid."

📋 Click Any Section to Explain It

Form 2A4-T

FHA / VA Financing Addendum

USE THIS WHEN: Buyer is getting an FHA or VA loan. Federally required — not optional. Reference in Section 14. Key difference from conventional: Earnest Money is protected even if due diligence has expired if the home doesn't appraise.

Government loans (FHA and VA) require specific language that must appear in the purchase contract. This addendum adds those federally mandated clauses. The most important protection: low appraisal after due diligence ends does not cause the buyer to lose their earnest money — unlike a conventional buyer.

⚠️ Critical for agents: Conventional buyer past due diligence with a low appraisal = Earnest Money at risk. FHA/VA buyer with low appraisal = Earnest Money protected as long as parties can't agree on new terms. Know this distinction cold.

📋 Click Any Section to Explain It

Form 2A9-T

Lead-Based Paint Addendum

USE THIS WHEN: Home was built before 1978. Federally required — no exceptions, no waivers. Reference in Section 14. Seller discloses; buyer receives EPA pamphlet and decides whether to test.

Federal law requires this for any residential home built before 1978. The seller discloses what they know about lead paint hazards. The buyer must receive the EPA pamphlet "Protect Your Family From Lead In Your Home." Even if the seller selects "no knowledge" this form is still required — your job is to make sure it's signed and attached on every pre-1978 offer.

📋 Click Any Section to Explain It

Form 760

Professional Services Disclosure and Election

GET THIS SIGNED: At the time of offer. The buyer selects or waives each professional service — inspections, attorney, survey, radon, well, septic, flood insurance, etc. Protects the firm from liability if buyer waives a service and it causes problems later.

Form 760 is a 3-page checklist of every professional service a buyer or seller might need. For each service, the client either initials "Selected" or "Waived." Selected services must name who will order it and the provider chosen. Both agent and client initial each page. The form's own header references a companion document: "(See Guidelines Form 760G for instructions on completing this form)."

⚠️ From Page 3 of the form: "BUYER OR SELLER AGREES TO PAY THE FULL AMOUNT DUE FOR ALL SERVICES DIRECTLY TO THE SERVICE PROVIDER WHETHER OR NOT THE TRANSACTION CLOSES." If a buyer orders an inspection and the deal falls apart, they still owe the inspector — and that is stated right on this form.

📋 Click Any Section to Explain It

After Inspections — During Due Diligence

Requesting Repairs, Credits, or Price Reductions

Form 310-T

Due Diligence Request and Agreement

USE THIS WHEN: After inspections, buyer wants seller to make repairs, give a credit, or reduce the price. Both parties must sign. Can be submitted multiple times during the DD period — one consolidated request is preferred. Must be fully executed before due diligence expires.

Form 310-T is how buyers formally request that sellers act on what inspections found. Both buyer and seller must sign — an unsigned request has zero legal weight. A buyer agent can submit multiple DDR requests during the due diligence period, but one consolidated request is strongly preferred. If agreed items include a price change or seller concession, also complete Form 4-T to document the change to the purchase price.

⚠️ Multiple DDRs are allowed — but consolidate when possible. The buyer agent may submit as many Due Diligence Requests as needed during the due diligence period. However, submitting one well-organized, comprehensive request is far more professional and avoids confusion about what has been agreed to. If you do need to submit a second request, make clear which items are new vs. previously addressed.

🚨 THE DD EXTENSION TRAP — Read This Carefully

If you have requested an extension of your buyer's due diligence period and you have not received any written confirmation before 5:00 PM on the expiration date — you are in a critical position.

WHAT COUNTS AS "IN WRITING"

The requirement is that the agreement be in writing — it does not have to be the signed Form 4-T. A text message or email from the listing agent clearly confirming they agree to the extension satisfies the writing requirement and protects your buyer while the paperwork catches up. The signed form is always the best and preferred route — but written confirmation via text or email is legally sufficient.

THE RULE: TIME IS OF THE ESSENCE

The due diligence period expires at exactly 5:00 PM. There is no grace period. No "close enough." No assumption the seller will respond soon. If 5:00 PM arrives and you have received nothing in writing — no text, no email, no signed form — the due diligence period is over.

WHAT YOU MUST DO BEFORE 5:00 PM

If your buyer is NOT willing to move forward without the extension being granted — and you have not received anything in writing by the deadline — it is your duty to terminate before 5:00 PM using Form 350. Waiting to see if something comes in after the deadline is not an option and is not a defense.

WHAT HAPPENS IF YOU DON'T TERMINATE IN TIME

If 5:00 PM passes and no termination has been sent, your buyer has legally agreed to move forward with the contract as-is. The due diligence period is now over. The buyer has moved into the post-due-diligence period and their Earnest Money is now at risk. If they try to walk away at this point without a valid legal reason, they lose the Earnest Money — and that is now on the agent.

📋 Click Any Section to Explain It

The Seller Side

From the listing appointment to closing — here's exactly what sellers need and when.

⚡ Quick Decision: Which Listing Agreement?

What are you listing?

→A house, condo, or townhouseForm 101 — Exclusive Right to Sell

→Vacant land or a lot (no home on it)Form 103 — Exclusive Right to Sell (Vacant Lot/Land)

→Need to reduce price or change the listing agreementForm 710 — Agency Agreement Amendment

→Seller wants to cancel the listing entirelyForm 720 — Termination of Agency Agreement and Release

At the Listing Appointment

The Listing Agreement

Form 101

Exclusive Right to Sell Listing Agreement — Residential

USE THIS FOR: Any house, condo, or townhouse. This gives ROGR the exclusive right to sell the property and earn a commission — even if the seller finds their own buyer.

Form 101 is your listing agreement for all residential properties. 7 pages covering the listing price, term, fee, marketing authorization, fixtures, disclosures, and dual agency. Once signed, all activity must go through your firm — no other agents, no seller going around you. Seller and agent must initial every page.

📋 Click Any Section to Explain It

Form 103

Exclusive Right to Sell — Vacant Lot / Land

USE THIS FOR: Any vacant land or lot — no completed home on it. Very similar to Form 101 but without the Fixtures section. Has land-specific disclosures.

Form 103 is the land version of Form 101. Almost identical structure — exclusive listing, same fee and marketing sections, same dual agency language, same wire fraud warning — but without the fixtures list since there is no home. Includes specific land disclosures around road access, mobile homes, easements, wetlands, and zoning.

⚠️ Key note from Form 103 Section 3: "If Seller wishes to sell less than an entire tract of land, then the assistance of a real estate attorney is strongly advised to ensure compliance with N.C.G.S. § 160D-807." If the seller is splitting a parcel, direct them to an attorney before you sign anything.

💡 Key difference from 101: No fixtures section. Disclosures include: mobile homes, road access type, easements, creek buffers/wetlands, and flood. Does NOT include the EIFS or termite bond questions from 101 since there is no structure.

Must Be Delivered Before the Buyer Makes Any Offer

Seller Disclosure Forms — All Three Required

RPOADS

Residential Property and Owners' Association Disclosure Statement

REQUIRED FOR: Every residential sale. NC law N.C.G.S. 47E. Must be delivered to the buyer before they make an offer. Brokers cannot complete this on the seller's behalf.

The RPOADS is the seller's written disclosure of everything they know about the property. Sellers answer Y, N, NR, or NA for each question across eight sections: Structure/Roof, HVAC/Electrical, Plumbing/Water/Septic, Fixtures/Appliances, Land/Zoning, Environmental/Flooding, Miscellaneous, and HOA. Seller and buyer both sign. Update it immediately if conditions change after signing.

⚠️ Brokers cannot complete this form on behalf of sellers. Your job is to give it to the seller, have them complete it, review it to make sure every question is answered, provide it to the buyer, and independently disclose any material facts you know regardless of what the seller wrote.

📋 Click Any Section to Explain It

Lead-Based Paint Disclosure

LBP — Required for Homes Built Before 1978

USE THIS WHEN: The home was built before 1978 — no exceptions. Federal law. Seller discloses knowledge; buyer receives EPA pamphlet and decides whether to test. Attach to every offer on a pre-1978 home.

Required by federal law under the Residential Lead-Based Paint Hazard Reduction Act for any property built before 1978. Seller must disclose what they know. Buyer must receive the EPA pamphlet. Both parties sign. Even if the seller checks "no knowledge" on everything, the form is still legally required — you cannot skip it on older homes.

MOG Disclosure

Mineral and Oil & Gas Rights Mandatory Disclosure

REQUIRED FOR: Every residential sale. NC law N.C.G.S. 47E-5. Must be delivered before the buyer makes any offer — same timing as the RPOADS.

NC law requires sellers to disclose whether mineral rights, oil rights, or gas rights have been separated from the property. Many NC homeowners don't realize mineral rights can be "severed" from surface rights — meaning a prior owner may have sold off the right to drill on or under the land.

💡 Plain English for clients: This form asks whether whoever buys the house also gets the rights to what's underground — oil, gas, minerals. In most residential suburban sales the answer is yes. But if mineral rights were sold off at some point in the property's history, a buyer might own the house but not what's beneath it. Most sellers answer no known severance — but the form is still required regardless.

After the Listing is Active

Changing the Listing Agreement or Buyer Agency Agreement

Form 710

Agency Agreement Amendment

USE THIS WHEN: You need to change anything in a listing agreement OR a buyer agency agreement — price reduction, extend dates, change fee, change co-op compensation, update dual agency authorization. Both client and firm must sign.

Form 710 is titled "AGENCY AGREEMENT AMENDMENT." It works across all agency agreements — not just listings. The checkbox list covers: Form 101, Form 103, Form 201, Form 203, Form 405 (Lease), Form 460 (Tenant Rep), Form 601 (Auction), or Other. Both client and firm must sign. The Survival and Effective Date paragraph on the form itself states: "All other terms and conditions of the Agreement, including any previous amendments to the Agreement not specifically amended herein, shall remain in full force and effect. This amendment will be effective when it is signed by all parties to the Agreement."

💡 The exact checkboxes on Form 710: Extension of term; Compensation/Firm's Fee; Cooperative Compensation; Dual Agency authorization (with 4 sub-options); Listing Price; Other Amendments (open blank lines). Check only what's changing — leave everything else blank.

💡 Extension note from the form: "If the term of the Agreement has expired, this amendment will REVIVE the Agreement for the term specified in this amendment." You can use Form 710 to restart an expired listing — not just extend an active one.

📋 Click Any Section to Explain It

Under Contract

Once an offer is accepted, these are your go-to forms for any changes or issues mid-transaction.

Any Term of the Contract Needs to Change

Form 4-T — Agreement to Amend Contract

Form 4-T

Agreement to Amend Contract

USE THIS WHEN: Any term of the executed purchase contract (2-T or 12-T) needs to change. Price, closing date, due diligence period, earnest money, expenses, home warranty, escrow agent, or adding/removing a party. Both buyer and seller must sign. Send to lender and closing attorney too.

Form 4-T is a 2-page checkbox amendment to the executed Offer to Purchase. You check only what's changing, fill in the new details, and both parties sign. Everything else in the contract stays in full force. Jointly approved by NC Bar Association and NC REALTORS®. The form warns clearly: all parties including lender and settlement agent must receive a copy.

⚠️ From the form itself in a red box: "ALL PARTIES, INCLUDING ANY LENDER AND SETTLEMENT AGENT, MUST BE PROVIDED A COPY OF THIS AMENDMENT." A price change or seller concession change affects the loan approval and closing disclosure. Do not skip sending it to the lender.

📋 Click Any Section to Explain It

Buyer Failed to Deliver DD Fee or Earnest Money

Form 355-T — Notice to Buyer to Deliver Funds

Form 355-T

Notice to Buyer to Deliver Cash, Official Bank Check, Wire Transfer or Electronic Transfer

USE THIS WHEN: The buyer failed to deliver the DD fee or Earnest Money by the contract deadline, OR their check was dishonored. Step 1 of 2 — listing agent sends this, buyer does NOT sign. Buyer has 1 banking day to cure. If they still don't deliver, Step 2 is Form 352-T to formally complete the termination. Seller also retains the right to sue for the DD fee and legal costs.

Form 355-T is Step 1 of a required two-step termination process when a buyer fails to deliver funds. It puts the buyer on formal written notice of their default and starts the one-banking-day clock. It does NOT complete the termination on its own — if the buyer still doesn't deliver, the listing agent must then send Form 352-T (Seller's Notice of Unilateral Termination) to formally complete the termination. Only the seller signs Form 355-T. The buyer does not sign or agree to anything.

⚠️ Two forms. Both required. In order. Form 355-T without Form 352-T = the contract may still be alive. Form 352-T without first sending Form 355-T = the termination may not be valid. Agents who skip this process or treat the contract as automatically void are exposing the seller to real legal liability. Do not improvise — use both forms in sequence.

📋 The Complete 4-Step Process When Funds Aren't Delivered

STEP 1 — Contract Is Still in Force

The buyer missed the DD fee or EM deadline, or their check bounced. The contract is still valid and binding. Do NOT treat it as void. Do NOT put the home back on the market yet.

STEP 2 — Listing Agent Sends Form 355-T

Seller signs and delivers Form 355-T to buyer as written notice of default. The buyer has exactly one (1) banking day from receipt to deliver cash, official bank check, wire transfer, or electronic transfer. No personal checks at this stage — guaranteed funds only.

STEP 3 — If Buyer Still Doesn't Deliver: Send Form 352-T

Listing agent sends Form 352-T — the seller's formal written notice of unilateral termination. This is what actually completes the termination. Once 352-T is delivered the contract is terminated, the seller does not need the buyer's signature, and the home can go back on the market immediately.

STEP 4 — Seller's Legal Remedies Still Apply

Termination does not end the seller's rights. The seller may still pursue the buyer in court to collect the Due Diligence Fee. If the seller prevails, the buyer may also be required to pay the seller's attorney's fees and all court costs. Always advise your seller to consult an attorney before deciding whether to pursue these remedies.

📋 Click Any Section to Explain It

Termination Forms

These are commonly confused. Read this section carefully. Using the wrong form can have real legal and financial consequences.

⚠️ Agents Mix These Up — Know the Difference There are two completely different types of termination: (1) Ending a purchase contract and (2) Ending a listing or buyer agency agreement. These use different forms entirely. And new construction has its own termination form that is NOT the same as the resale termination forms.

📊 Which Termination Form Is Which?

Situation	Form to Use	Who Signs	Key Note from the Form
Buyer failed to deliver DD fee or EM, or check bounced — contract still in force	Form 355-T → then Form 352-T	Seller only signs both forms. Buyer does NOT sign either. 1 banking day to cure after 355-T. 352-T formally completes termination.	Two forms required in order. Seller can still sue buyer for the DD fee and legal costs after termination.
Buyer terminates the purchase contract alone — 2-T or 12-T only	Form 350	Buyer only signs top section. Seller independently decides on Earnest Money release.	Contract is terminated regardless of seller's Earnest Money decision.
Both buyer AND seller mutually agree to cancel — 2-T or 12-T only	Form 390	Both must sign. Agree on Earnest Money disbursement. Section 5 open for DD fee/inspection refunds.	Only takes effect when signed by ALL parties. Supersedes any prior termination notice.
Terminating a new construction contract (Form 800-T only)	Form 890-T	Both must agree and sign. Must agree on disbursement before signing — no separate seller decision.	Separate sections for Earnest Money (Sec. 5) AND Building Deposit (Sec. 6). Do NOT use 350 or 390.
Ending a listing agreement or buyer agency agreement early	Form 720	Both client and firm must sign. Protection Period survives termination.	This terminates the AGENCY relationship, NOT the purchase contract.

Buyer Terminates Alone — Seller Not Agreeing

Form 350-T — Notice of Unilateral Termination

Form 350

Notice of Unilateral Termination — From Buyer to Seller

USE THIS WHEN: The buyer is walking away and the seller is NOT agreeing to terminate. For 2-T or 12-T contracts ONLY — NOT new construction. Buyer signs alone. During due diligence: Earnest Money is refundable for any reason. After due diligence: Earnest Money is at risk. DD Fee stays with seller.

Form 350 (the actual form number — commonly called 350-T) is the buyer's unilateral right to walk away from a 2-T or 12-T contract. The buyer signs alone. The form has two distinct parts: Section 2 where the buyer checks their reason, and a detachable lower section where the seller independently decides whether to release the Earnest Money. The contract is terminated regardless of what the seller decides about the Earnest Money.

⚠️ Due Diligence Fee is NOT addressed in Form 350. The DD fee was paid directly to the seller and stays with the seller — period. The form notes an exception only if the buyer checked "non-receipt of signed disclosure statements" — in that specific case the contract may require a DD fee refund. In all other cases: DD fee gone. Earnest Money release is a separate decision the seller makes.

📋 The form is literally titled: "NOTICE OF UNILATERAL TERMINATION – From Buyer to Seller" and states: "(Use this form to unilaterally terminate contracts created on NC REALTORS® Standard Forms 2-T or 12-T.)" — NOT for 800-T new construction.

📋 Click Any Section to Explain It

Both Parties Mutually Agree to Cancel

Form 390-T — Mutual Termination Agreement

Form 390

Termination Agreement — Mutual Consent of Both Parties

USE THIS WHEN: Both buyer AND seller agree to cancel a 2-T or 12-T contract. Both must sign. Section 4 covers Earnest Money disbursement. Section 5 "Other Terms" is where you can document a DD fee refund — the form explicitly names it as an example.

Form 390 (the actual form number — commonly called 390-T) is titled "TERMINATION AGREEMENT" and states: "(Use this form ONLY when the parties have reached an agreement to terminate NC REALTORS® Standard Forms 2-T or 12-T.)" Both buyer and seller sign. It has 6 numbered sections. Critically, it includes a second detachable section at the bottom for resolving the Earnest Money later if they couldn't agree at time of signing.

💡 Key advantage over Form 350: Section 5 "Other Terms" explicitly gives the example "(For example, refund of inspection costs or Due Diligence Fee)" — meaning the form itself contemplates and invites DD fee refund negotiation. Whatever both parties write and sign there is legally binding.

⚠️ Section 6 Effective Date: "This termination will only take effect on the date it has been signed by ALL parties." One signature isn't enough. And: "If notice of termination has already been delivered by either party, this Agreement will control" — meaning if a Form 350 was already sent, this Form 390 supersedes it once both sign.

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New Construction ONLY — Do Not Use 350-T or 390-T

Form 890-T — New Construction Termination

Form 890-T

Termination of New Construction Contract (Form 800-T Only)

USE THIS WHEN: Terminating a Form 800-T new construction contract. This is not the same as 350-T or 390-T. Different rules apply around Construction Fees and the Pre-Construction Evaluation Period.

Form 890-T's full title is "TERMINATION OF CONTRACT BY MUTUAL AGREEMENT WITH RELEASE OF EARNEST MONEY AND/OR BUILDING DEPOSIT." The form header states it plainly: "This form is designed for use by a buyer and seller who agree to terminate the Offer To Purchase and Contract—New Construction (Standard Form 800-T) and have agreed on how the Earnest Money Deposit and/or Building Deposit is to be disbursed." Both parties must agree and both must sign.

⚠️ Most common agent mistake: Using Form 350 or Form 390 to terminate a new construction contract. Neither of those forms addresses the Building Deposit, which is unique to Form 800-T. Form 890-T has a dedicated Section 6 just for the Building Deposit — there is no equivalent in Forms 350 or 390. Always use 890-T for 800-T contracts.

💡 Key structural difference from Form 390: Form 890-T has separate lines for Earnest Money (Section 5) AND Building Deposit (Section 6) plus a Section 7 for any other payment or reimbursement between parties. It also requires mailing addresses for both parties on the form itself — 390 does not.

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Ending the Agent-Client Relationship Itself

Form 720 — Termination of Agency Agreement and Release

Form 720

Termination of Agency Agreement and Release

USE THIS WHEN: A seller wants to cancel their listing agreement OR a buyer wants to end their buyer agency agreement before it expires. This ends the agent-client relationship — it does NOT terminate a purchase contract.

Form 720 ends the agency relationship between the client and the firm. It can terminate a listing agreement (Forms 101 or 103) or a buyer agency agreement (Forms 201 or 203). Both parties sign. But here's what agents need to know: the Protection Period from the original agreement does NOT go away just because this form is signed.

⚠️ The Protection Period survives Form 720. Per Section 4 of the form: "the parties agree that their respective rights and obligations under any defined Protection Period in the Agreement shall remain in full force and effect for the specified period of time immediately following the Effective Date of this Agreement and Release." A seller who signs Form 720 and then sells to a buyer ROGR introduced during the listing period may still owe ROGR a commission.

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