A real estate purchase and sale agreement is a relatively short and straightforward contract that you can expect to sign if you are either buying or selling a piece of property. While corporate level versions of this contract can be quite laborious, ones designed for individual home sales from one private citizen to another are usually only a few pages in length. Let's take a look at what one of these agreements looks like so that when you are asked to sign one, you'll know your way around.
The first part of the typical real estate purchase and sale agreement outlines the names of the buyers and sellers and usually identifies them by social security number. This section also states, in plain language, the intent of the parties involved to buy and sell particular pieces of property and then the address of the piece of property is then listed. A legal description of that piece of property (single resident home, apartment building, etc) is then listed to clarify exactly what type of property is changing hands. There is almost always a section that is used to outline any personal property, like furnishings, that are being included in the sale. It is very important that if you are buying or selling a furnished piece of property that you list every single personal belonging here, even if it is something small so there are no legal questions later on.
The next part of the typical real estate purchase and sale agreement lays out the financial terms of the agreement. There will be spaces to show the amount of the initial deposit put on the piece of property, the amount of cash that is changing hands at the time of the contract signing, any existing costs or fees associated with the property that is being bought, like liens or any debt, any new loans being taken out by the buyer and then finally the total purchase price of the property.
The rest of the contract spells out the monetary figures listed above. For instance, section one of the agreement will talk about the deposit amount, how much it was, when it was paid and how much of it figures towards the final cost of the property. The next section will talk about the balance due to the seller and how that balance will be paid (cash, cheque, etc).
There are often additional sections added on to these types of agreements that outline the official closing date of the property and when the official title transfer will occur, as well as any damage to the property or any sort of catastrophic damage that might have happened to the property over time, such as a fire or a flood.
While the real estate business is absolutely drowning in overwrought forms and legal agreements, the real estate purchase and sale agreement is one of the most simplistic and easy to follow legal forms you'll ever see.
Purchase And Sale Agreement
When selling your home, it's likely that your primary focus is receiving the highest price possible for your property. And while this is certainly an important factor, there are other details that must be considered when you receive an official offer on your home in the form of a Real Estate Purchase Contract (REPC). Negotiating this wordy and legally binding document can seem daunting, but understanding the information contained in the REPC will save you time, money and heartache during the process of selling your home.
The Real Estate Purchase Contract, also known as a Purchase and Sale Agreement, or a Real Estate Contract, is an agreement between a buyer and a seller to purchase real estate. Your first encounter with a particular purchase contract will be in the form of an offer from a potential buyer. After reviewing the offer, you have three options: to accept the terms of the offer, thus entering into a contract; to change the terms of the offer in a counter-offer; or to reject the offer wholesale.
After considering the price offered by the buyer, savvy sellers will then determine if the Real Estate Purchase Agreement contains any contingencies. One common possibility is that the offer to purchase your property is contingent on the sale of the buyer's home. If the buyers' property sells, the sale goes through. But, if it does not, the sale is off and the buyers' deposit is usually returned. There are ways to structure a contingent sale offer to make it less risky for sellers. One way is to include a release clause in the contract, which allows sellers to continue marketing their home in the hopes of finding a better offer. If such an offer comes along, the sellers notify the buyers that they must remove the contingency by a certain date and show that they are able to close. Otherwise, they must withdraw from the contract. The sellers are then free to proceed with the other offer.
Another red flag to watch for is a request by the buyer for excessive time to secure financing. This is a reality for many first-time home buyers or even veteran buyers whose credit is spread thin. If you're not comfortable with the extended time frame, you can request that the buyer provide you with proof of loan application and/or a letter of loan qualification by a certain date. A well-priced offer can also seem less appealing if the seller offers a low earnest money deposit or asks you to pay the closing costs. Feel free to counter any elements of the offer that don't sit well with you.
And, don't forget to take note of your requirements in the offer. Some buyers will include a clause that penalizes sellers who don't move from the property by a specific date. Be confident that you can vacate your home by the date requested before accepting the offer. On the other hand, you may want the closing process to move swiftly. Even if the offered price is less than you wanted, a buyer who can close and take possession quickly can counterbalance the lower price.
It is generally accepted that all attached fixtures and appliances will be sold with your home, but the buyer must list these carefully in the offer to purchase. Such appliances and fixtures can include ovens and dishwashers, window treatments, light fixtures, fireplace mantels and even landscaping features like trees and flowers. Additionally, buyers can request the inclusion of certain furnishings and personal property. If you have items that you do not wish to include when selling your home?whether the washer/dryer, an heirloom rosebush, or all your furniture'it?s a good idea to let your real estate agent know from the get-go, so he or she can help mitigate the expectations of buyers.
The bottom line? It pays to spend 20 minutes reviewing a blank real estate purchase contract as soon as you put your house on the market. That way, when you receive an offer, you'll be ready to break it down into its specifics, and respond confidently.
Both Mark Warner & Coldwell Banker Staff are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Mark Warner has sinced written about articles on various topics from Family Concerns, Do it Yourself Sunroom and Legal Matters. Mark Warner is a Legal Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million. Mark Warner's top article generates over 27100 views. to your Favourites.
Coldwell Banker Staff has sinced written about articles on various topics from Gardening, Property Agents and Real Estate. The staff at Coldwell Banker Real Estate Corporation [] writes select artic. Coldwell Banker Staff's top article generates over 27100 views. to your Favourites.
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