As a general rule, the buyer`s representative writes the sales contract. However, unless they are authorized by law to practice law, real estate agents generally cannot establish their own legal contracts. Instead, companies often use standardized form contracts that allow agents to fill gaps with sales specifics. You should use this agreement if a) you are a potential buyer or seller of real estate, (b) define the legal rights of each party to the sale and (c) define the respective obligations of each party before the transfer of ownership. Each transaction is different, so not all real estate sales contracts are the same. However, there are a few basic elements that should be included in each sales contract. Even if you are not a legal expert, it is still important to understand the legal and contractual aspects of your home sale or purchase. Buying a house or selling is a great thing, and you can avoid headaches by making sure that the offer you enter is a good one. If your sales contract doesn`t have these 10 items, contact your trusted real estate advisor.

Here at LemonBrew, our priority is to be our clients` lawyer, so ask all questions and be informed while conquering the real estate process from start to finish. Remember, this is a very important part of the home buying process, so it should not be overlooked or taken lightly. Suppose an inspector walks through your future home and discovers that the property needs a new roof for $15,000. If you do not have the money to cover the replacement, the inspection of the house of Serkontingenz gives you the opportunity to exit the agreement, as it is an expensive expense. In some cases, a seller may be willing to recover repair costs or credit the purchase price. Sellers are legally required to disclose information that may affect the security or value of the property. In most countries, it is illegal to deliberately conceal known defects, especially when they endanger the health of buyers. Sellers are rarely forced to actively search for defects, but they must disclose any problems they are aware of. However, disclosure laws are incredibly strict in some states, with sellers specifically having to look for certain defects.

When buyers make an offer, they usually pay an amount known as serious money deposit to demonstrate the sincerity of their intention to buy the house. This money, which is held in trust until the conclusion, should be indicated in the sales contract. Whether or not the serious money deposit is credited to the final purchase price must also be taken into account. The sales contract (download) also serves as a letter of offer. The seller has the choice of accepting, refusing or submitting a counter-offer. If the seller agrees, the sales contract is signed and the buyer is invited to deposit his down payment (if any). Earnest Money: Earnest Money can be mentioned in the simple real estate purchase contract. This reference means the down payment offered by the buyer to demonstrate a solid interest in the dwelling. The earnest money remains the property of the potential buyer until the contract is concluded. If the seller ends up selling the house to another, the Earnest Money funds return to the buyer who did not purchase the property.