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The Purchase Agreement
This is the binding agreement to purchase real property between buyer and seller. Here is where the deal is detailed and agreed to. This is where both buyer and seller commit to act to transact the purchase and sale of real property.
The real estate agent or your attorney usually will fill out the purchase agreement. Your listing agent has a lot of experience with these agreements, but this article should help you be an informed buyer. The purchase agreements are be different for each state, so you should use the purchase agreement provided by the professional organizations in your state.
A Basic Guide to the Purchase Contract
The basics of all purchase agreements should include:
- Legal description of property
- Included and excluded items in the sale.
- Purchase price
- Method of payment
- Down payment and detailed language regarding the return of the deposit
- Escrow Company named to hold the money
- Financing: Mortgage pre approval or a loan application and approval
- Appraisal of property
- Possession: How and when
- Liquidating damages: Language requiring the seller to pay a penalty for every day over the occupancy date that that you cannot take possession
- Title Insurance: Good clear title
- Seller disclosures: A form that the seller must provide indicating structural conditions, appliances etc.
- Buyer's Contingency
- Inspections: Termite inspection, Lead-based paint, Radon gas
- All contingencies, deadlines and rights to cancel
- Additional terms warranties and representations,
- Condition of property and a personal walk-through inspection
- Home Inspection and home warranty insurance
- Any addendums and counter offers to the original contract
- Attorney fees and costs
- Settlement and closing costs
Tips
Be open to other offers. Deals fall through all the time. You can take a back up offer if the another buyer knows there is an existing offer
Look at all offers with a balanced view. An offer is more than a price bid. If one offer is higher but requires you to carry back or has difficult hurdles or makes too many demands. The lower offer may actually be the better one for you.
Pre Qualify Buyers: Be sure the buyer is pre qualified or pre approved for a mortgage loan large enough to buy your property
Be Clear
Fees: Some states will define who pays certain fees and others will
Negotiate: Dont be shy, many items are negotiable and you will gain the respect of the other side
Earnest Money: Another area of confusion. Spell out clearly the Circumstances under which you lose the deposit and the circumstances you get it back and establish clear performance based deadlines.
Contingencies: Its good to acknowledge all contract obligations as they are fulfilled in writing.
Deadlines: Have a clear understanding in writing, regarding all deadlines and response time lines. Much goes wrong here and it can harm a deal.
Sellers Disclosure: Require this in writing (Sellers Disclosure Statement). All structural issues and everything that should remain with the house should be clearly spelled out. This is another common area of contention.
Negotiations: The acceptance period for a response should be clearly defined and quick is best. Shoot for 24 to 48 hours.
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