“ 2^nd Opinion Contingency ”

"Seller requests a copy of the buyers mortgage application and credit report and buyer authorizes seller to obtain a professional opinion from the mortgage banker of the seller’s choice.  Buyer and Seller have signed the attached Confidentiality Agreement.

 CONFIDENTIALITY AGREEMENT

 Seller requests a copy of the Buyer’s mortgage application and credit report (collectively “Confidential Information”).  Buyer authorizes Seller to obtain a professional opinion from one residential mortgage originator (“Loan Officer”) of the Seller’s choice to the extent necessary to permit such Loan Officer to assist Seller in evaluating a potential purchase agreement.  Seller agrees to retain possession and control of the Confidential Information at all times.

Seller agrees that the Confidential Information will not be used for any purpose other than determining whether Seller wishes to enter into a purchase agreement with Buyer.  Seller agrees not to disclose or allow disclosure to others of any confidential Information, in any manner whatsoever, in whole or in part, without the prior written consent of Buyer, except to one Loan Officer as provided above.  Seller shall take all necessary precautions to prevent the unauthorized use or disclosure of the Confidential Information.

Buyer will not be under any obligation to supplement or update any Confidential Information furnished.  Buyer has not made or is not making any representation or warranty, express or implied, as to the accuracy or completeness of any Confidential Information, and Buyer will not have any liability to Seller relating to or resulting from the use of any Confidential Information or any inaccuracies or errors therein or omissions therefrom. 

If the parties have not entered into a purchase agreement by _______________, 20__, or if, at any time, Buyer requests, Seller will promptly deliver to Buyer all Confidential Information (and all copies thereof) obtained or possessed by Seller.  Notwithstanding the delivery to Buyer of Confidential Information, Seller will continue to be bound by the confidentiality obligations herein.  Seller reserves the right to continue to market the property for back up offers until full approval is obtained.

SELLER:

_________________________________/___________    _________________________________/___________

 BUYER:

 __________________________________/__________   __________________________________/__________